Case study court order

Brian murphy

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I have just had a court order made against me. I jointly own a house and 8.5 acre's of land. The house has a mortgage of 64k and is valued at 45k, the land is valued at 35k and has no mortgage. I live in the house with our son and use the land to help support us. MY ex left over 5 years ago and I have kept up payments on the mortgage since.
The Court has ordered that the house and mortgage be put in my sole name. The land mortgage free is to be signed over to my ex. Will the bank accept this? I have filed a appeal is there anything else I can Do?
 
So you have to sign the land over to your ex. Not a problem as it is mortgage free. That's worth 35K.

You get the house. Which is in NE of 20K. But despite the court order, your bank will have to agree to the mortgage being in your sole name.

You are appealing. What is it you want from the courts?
 
My main worry is, my ex is fully entitled to sell the land do as she wishes with the cash, If it is not possible to remover her name from the house and mortgage, if or when i want to sell the house she will have to sign to allow the sale, at this point what stops her asking for more cash from the sale?
secondly, as the court has taken all the equity and given it to my ex it is impossible for me to sell the house until the mortgage and value of the house at least equal each other.

all I want from the courts is a level playing field. how and why should I take on a mortgage that we both signed into.
 
The Court has ordered that the house and mortgage be put in my sole name. ...Will the bank accept this?

I have no idea why the courts continue to make stupid orders like this. Your wife is on the mortgage. She is liable for the money if you can't pay it. The court cannot order the bank to take her name off the mortgage.

I presume that they can order her to take her name off the property.

The land mortgage free is to be signed over to my ex.

Yes, the court can order this.
 
I have no idea why the courts continue to make stupid orders like this. Your wife is on the mortgage. She is liable for the money if you can't pay it. The court cannot order the bank to take her name off the mortgage.

I presume that they can order her to take her name off the property.



Yes, the court can order this.
Thank you Brendan
 
I have no idea why the courts continue to make stupid orders like this. Your wife is on the mortgage. She is liable for the money if you can't pay it. The court cannot order the bank to take her name off the mortgage.

.

Well if the judge doesn't know this Brian's barrister should have objected.
 
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