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Unfulfilled Consent Order

Posted by owusu 
Unfulfilled Consent Order
June 27, 2022 06:21PM
I divorced over ten years ago.

At the time, a consent order was drawn up and signed that passed the matrimonial home over to my ex-wife. It was stated that this should be done within one month of the date of signature.

This never happened (and I cannot recall why). My ex-wife has now remarried and continues to live in the house. She has never asked me about transferring it and it remains in my name.

Can you advise where we both stand with this? The property has increased significantly in value over the time period so is worth far more than in the original calculations.

Do I just belatedly transfer it? Do I have any claim on the property (or the increase in value from the original calculation) based on time passed or her now married status?

Thanks
Mike
Re: Unfulfilled Consent Order
June 27, 2022 06:51PM
It very much depends upon whether there is a court order or not. Or, indeed, if there is no court order the exact status of the agreement in the correspondence. This is a situation where the exact details matter. Without sight of all the paperwork it is impossible to say.
Re: Unfulfilled Consent Order
June 27, 2022 08:25PM
Hi David

There is a court order.

Is that enough for you to form an opinion or do you need the exact wording...?

Thanks
Mike
Re: Unfulfilled Consent Order
June 28, 2022 02:31PM
If there was a court order which ordered the transfer of the house to your ex wife then the house is hers and what it is worth now is irrelevant.

Having said that, the importance of the issue is so high that you should not rely upon any opinion given without actually seeing the paperwork. If you want an opinion upon which you intend to rely then there is no substitute for obtaining it from someone who has the benefit of seeing all the relevant paperwork.
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