A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Mortgage issue - ''Best Endeavours'' clause

  • notright123
  • notright123's Avatar
  • New Member
  • New Member
More
18 Apr 21 #516511 by notright123
Reply from notright123
I'm in a similar situation with the 'Best endeavour clause'. I was divorced in 2010 and we made a mutual agreement concerning the finances. We have two houses, one abroad and the other here in the UK. For personal reasons, I agree to keep the house abroad and my ex the house in the UK. In the Consent Order, he was told to try his endeavour best to release me from the mortgages.

Fast forward 2021, 11 years after:
-I have remarried
-My name is still on the mortgage
-He still lives in the property
-Property over £30,000 in arrears ( combination of both mortgages)
-Suspended order before Covid
-Ex refuse to sell
-I have applied to the court to have the order vary ( force a sale)

So you can all imagine, the status of my credit file!!!!!

Do you think, after sale, I'm entitle to half since he has not released me?

This is causing me great stress.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
19 Apr 21 #516513 by hadenoughnow
Reply from hadenoughnow
A well written order should have a clause that indemnifies you against arrears and a default order for sale if arrears build up for more than say three months.

Any shortfall would be paid from his share of the proceeds.

What does your order say? Is there an end date for getting you off the mortgage??

Hadenoughnow

  • notright123
  • notright123's Avatar
  • New Member
  • New Member
More
19 Apr 21 #516516 by notright123
Reply from notright123
Thank you for our response.
The order was not well written at all. There is no clause that indemnifies me against arrears and a default, no order for sale.

There is no end date. It says that I am to transfer all my legal and equitable interest in the property within 56 days. He has to transfer all his legal and equitable interest in the overseas property.
It also states that has to use his best endeavours to release me from any obligation I have under the mortgages.
I am not trying to vary the order.

  • notright123
  • notright123's Avatar
  • New Member
  • New Member
More
19 Apr 21 #516518 by notright123
Reply from notright123
I am now trying to vary the order. (correction)

  • Djsmith
  • Djsmith's Avatar
  • Premium Member
  • Premium Member
More
19 Apr 21 #516519 by Djsmith
Reply from Djsmith
I'm going through a Declaration of Trust it reads like this:
that they will at all times indemnify the other and their estate and effects in relation to any costs claims liabilities or demands placed upon them as a result of any entries of an adverse financial nature being noted secured or registered against the title to the Property.

Any good.

  • notright123
  • notright123's Avatar
  • New Member
  • New Member
More
19 Apr 21 #516520 by notright123
Reply from notright123
Thanks for this Djsmith. Unfortunately, Consent Order made in 2010.
I have a court hearing in June and hopefully, the property will be placed on the market soon, before repossession.
This is so stressful.

  • Vilitam
  • Vilitam's Avatar
  • Junior Member
  • Junior Member
More
14 May 21 #516715 by Vilitam
Reply from Vilitam
I am in a similar boat but on the opposite. I am ordered to sell or remortgage in October 2021. I was made redundant due to pandemic and only now found a job which is half of what I used to earn. The lender won’t allow me to remortgage in my own name. My ex is very well off financial and has managed to buy a property of his own just few months ago whilst on the mortgage with me.
I want to ask the court to vary my order and extend for 2 years and allow me to get back on my feet to be able to remortgage. Have 3 kids under age 18.
what are my chances the court will allow?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11