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  • davidreed113
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23 May 12 #332435 by davidreed113
Topic started by davidreed113
I agreed to let my wife have everything from our marriage. She used a solicitor to communicate but although I took advice, I communicated my position personally.
I agreed to her solicitors proposal that she would release me from our Mortgage on or before the completion of the divorce. This proposal was clearly stated my times in their correspondance. When I received the Consent Order from the court, it all looked fine and I signed it. I failed to notice that they had slipped in the phrase "best endevours" in the consent order.. i.e. The plaintiff will use her best endevours to proure the release of the Respondant (me) of any liability to the existing mortgage.
She has not done this and says she now cant raise the funds to get a mortgage on her own. I am now stuck in rented accommadtion and cant get another mortgage until I am released from the first one...and I am still liable for it if she defaults!
Will I be successful if I apply to the court to vary the order, giving her a deadline to release me or asking for the property to be sold? Help

  • cookie2
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23 May 12 #332438 by cookie2
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It is not up to her to release you, it is up to the mortgage lender. If she cannot borrow that amount of money on her earnings and circumstances then the lender is under no obligation to release you. The mortgage lender is out of the court''s jurisdiction.

It''s pretty unlikely you''ll be able to change the order now.

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