Dr Strangelove
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Are the kids adults?
Are the kids adults?He just wanted to make sure his kids had a right to reside in the house,
former husband needs to stop controlling and agree for this clause to be removed.
And now the recourse is another legal battle, for another order, that will cost more in legal fees.He agreed to transfer the house over to her.
Part of that agreement was that she would get his name off the mortgage within 2 years.
This is a very standard type of agreement.
The solicitors should have anticipated that the trust bit would stop her getting a mortgage.
Brendan
Part A is reasonable; but the attempt to then control the asset is not.He agreed to transfer the house over to her.
Part of that agreement was that she would get his name off the mortgage within 2 years.
This is a very standard type of agreement.
Woah that's a bit excessive.And in order to do so former husband needs to stop controlling and agree for this clause to be removed.
You seem to have a very large "bee in your bonnet" with the continued "controlling" behaviour. He looked to be released from the mortgage and I agreed. My solicitor said that he could've looked for money off of me, and he didn't. All he wanted was his name off the mortgage and the kids protected in the house. I'm due to get remarried and from legal advice the concern was that my new husband would get an over-riding share in the house so he wanted to protect their interests in the house.Part A is reasonable; but the attempt to then control the asset is not.
And as the OP has found makes the property unmortgageable.
Mf1's advice seems spot on to me.
And again, in the meantime - pay the mortgage (and overpay by whatever means possible) & leave the ball in his court.
So thats what you do.we need to go back to court to get it adjusted.
She can’t, as the legal mess created by both her and his solicitors, signed off by the judge, in the Divorce Decree needs to be modified to change the court order decree, and will require more lawyers fees to fix, which she doesn’t have. Called Liberty to apply”.So thats what you do.
How much is the solicitor quoting to get this adjustment?.
He is happy to adjust the agreement as needed but my solicitor said we need to go back to court to get it adjusted.
This is the circle I am going around in. The dates to get court hearings now are also unknown. I need to do one thing to do another, but I can't to the other without doing another. Our divorce was non contested. He wanted off the mortgage and nothing to do with trh house, but solicitors on both sides argued for more back and forth and got to the stage that we were both happy with. Never was it explained as a "oh by the way, this means neither of you will be able to get a mortgage". We've gone to both our solicitors who said it's judge ordered so need to go to court to get it removed. This takes time and money and neither of us can really afford it, hence the stick going around in circles.She can’t, as the legal mess created by both her and his solicitors, signed off by the judge, in the Divorce Decree needs ato be modified to change the court order decree, and will require more lawyers fees to fix, which she doesn’t have. Called Liberty to apply”.
Nothing quoted yet. Yes barristers on both sides.How much is the solicitor quoting to get this adjustment?
My sibling is quoted +/- 5k to enforce the last remaining outstanding amounts on a divorce.
Was there barristers involved in the drafting of the divorce document?
Two Optionsneeds ato be modified to change the court order decree
Can either of you afford to do nothing?neither of us can really afford it,
His solicitor should have advised him of this very obvious impediment.He's just trying to buy his own place now so it's come to light as his mortgage is getting blocked by this.
Yes so my ex husband pays maintenance and has the kids 50:50 (3-4 nights a week). I couldn't afford to buy him out nor did he want to be bought out. But his solicitor fought to get something from the house and this was the kids share into the house (which he was happy with as was I). However if we both knew it would cause these issues now, we would've come to a very different arrangementJudge wouldn’t allow for ex’s shar of house to go to kids ( even in lieu of maintenance which I knew (correctly) that he would never pay). I had to buy him out and take out a new mortgage in my own name.
Yes unfortunately it seems that way. Is it a way for them to ensure they get more business from us?....I don't knowHis solicitor should have advised him of this very obvious impediment.
Yours should have advised you too about getting a mortgage in your own name with this “trust” arrangement.
The more I read the more I see reasonable people given very poor advice by paid professionals.
WhyYes so my ex husband pays maintenance and has the kids 50:50 (3-4 nights a week). I couldn't afford to buy him out nor did he want to be bought out. But his solicitor fought to get something from the house and this was the kids share into the house (which he was happy with as was I). However if we both knew it would cause these issues now, we would've come to a very different arrangement
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