Can I pay off the mortgage?

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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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amypond
Posted by
Premium Member

01 Aug 12 #346587 by amypond

Topic started by amypond

Good morning!

I haven''t yet filed for my degree Absolute as I have been waiting for the Consent Order to be rubber stamped. My solicitor is the slowest in the world...this has been going on for over two years and my consent order is still sitting with STBXH solicitor.

I paid XH £42,750 last November for his share of the house. There are no other wranglings. He has new house, partner and child, No other negotiations to be done.

My sister has recently had a windfall and has offered to pay off my mortgage for me, and me to repay interest free which is fab. My question is...if my sister pays off my debt (ie mortgage) could XH (if he got window it) ask for half of the gift?

Many apologies if it is a daft question. Sometimes divorce feels like it''s a game of smoke and mirrors....

amypond
Posted by
Premium Member

01 Aug 12 #346588 by amypond

Reply from amypond

Apologies...typing error. If my XH got wind of it, I meant to say.

dukey
Moderator

01 Aug 12 #346589 by dukey

Reply from dukey

Perfectly valid question and wise to ask.

Wait until the order is sealed by court then your sis can pay it off, but not before.....................or there maybe trouble ahead.

amypond
Posted by
Premium Member

01 Aug 12 #346596 by amypond

Reply from amypond

Really? Oh boo.

I am so frustrated at having my financial life on hold. Everything is very much in XH''s favour at the moment...overseas hols, pedigree dogs and such like. I''m sure we''ve all been there. Childcare over the hols is costing a fortune as I am a full-time student and therefore don''t receive any help from tax credits. Getting rid of the mortgage would have been such a help.

Anyway, frustrated rant over! Back to squirrelling money away in secret...sigh.

cookie2
Platinum Member

01 Aug 12 #346599 by cookie2

Reply from cookie2

If he''s stalling then apply to court for Ancillary Relief. Amazing what kick up the backside that can be.

amypond
Posted by
Premium Member

01 Aug 12 #346607 by amypond

Reply from amypond

What does that mean, Cookie? Tbh, it has been my solicitor that has been pants. It took him over 9 months to issue the consent order.

I''ll go and google it now...

dukey
Moderator

01 Aug 12 #346618 by dukey

Reply from dukey

Ancillary relief means you ask court to help decide the money side, it needs to be a last resort though due to high costs and slow progress with court.

Why not just wait until the judge stamps the order?, if you don`t and he changes his mind and your now living mortgage free, well guess what will happen.

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11