Enforcing Consent Order

Hello I am new to this Forum. My problem is I would like to be removed from my old Mortgage, but my ex wife refuses. No children at home, just my ex and her partner. I have spoken to a Solicitor and was quoted £5000 - £6000 I do not have the resources to pay that amount. I have no financial interest in the property as it was all given to her. I just want to get a little Mortgage of my own and move on. Is it possible to do myself and if so how difficult is it. Is it also possible to use a Solicitor to advise me, while I do all the running around myself.

Thank you.

Well, when you say, 'I have no financial interest in the property as it was all given to her', what does that mean exactly? I mean was there a court order which provided that the property should be transferred to your wife or what? If there was such a court order your rights will depend upon what it said.

Thank you for your reply. She was to use her best endeavours to release me from the Mortgage, or there were trigger points where she would have to sell to release me from the property. On her releasing me I was to transfer all monies to her. I have reached all the trigger points, so just want a way to be removed from the Mortgage. As, I have said I am not able to pay the 5 - 6 thousand to do that.

Thank you.

How long ago was this court order made? What were the trigger points and when were they reached? You will appreciate that when someone says, 'I have reached all the trigger points', there is no way of knowing whether that is in fact correct without seeing the exact terms of the court order. It is by no means uncommon for a person to think that only for a careful reading of the order to show otherwise. Details matter.

My consent order is still with the Solicitor. They are sending 2 letters out to my ex wife asking her to remove me as agreed, so they must think the triggers are valid. It is the next part I am struggling with as it is very expensive to take her to court. I wondered if I can do it easily myself, or with a little direction from a Solicitor making it more manageable financially. Thank you again.

Since you do not answer the questions it is impossible to give you a meaningful answer. 'They must think the triggers are valid' is not any sort of meaningful answer. The consent order has either become a court order or it has not. If it has become a court order then the answers to your question depend upon the wording of that order. If it has not become a court order then the question becomes whether there is a concluded agreement or not.

Since you obviously have a solicitor acting for you who knows what the real position is it seems to me that it would be more sensible to ask your solicitor these questions.