The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Removing my name from the deeds

  • Seamus1966!
  • Seamus1966!'s Avatar Posted by
  • New Member
  • New Member
More
22 Jan 24 #522328 by Seamus1966!
Topic started by Seamus1966!
I am divorced and have a 30% share in the former family home as part of the divorce settlement, while my ex-wife remains in the FFH and pays the mortgage. Hence the 70-30 split.

I have two children, the youngest of which is 15 years old

The settlement was reached about 18 months ago and out of court at the 11th hour prior to the final hearing, which I now presume woud have resulted in a Mesher Order.

I made a mistake in agreeing to the settlement in what I can only describe as a foolish a spasm of goodwill as her solicitor claimed that the ex could not face the stress of the court appearance.
As a result of haste and the lack of a solicitor (I could not afford afford one at the time after having spent around £5000 on legal advice), I missed a key omission - the lack of a trigger point (such as when my youngest child turns 18) at which the house should in theory be sold. As it stands the house can only be sold with the written consent of both of us.

This means my share is worthless

I am seeking to have the settlement amended via a D11.

My initial question, however, centres on my ex-wifes application to the court to have my name removed from the deeds.

The court hearing is on 14 February.

She claims this needs to be done so that she can negotiate a more favourable mortgage with the lender, which she claims she cannot do due to my alleged poor credit.

She has not provided any evidence whatsoever, and as I understand that courts will only agree to this in exceptional circumstances I do not think they will agree.

However, how likely is it that she might win her case?



  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
22 Jan 24 #522332 by hadenoughnow
Reply from hadenoughnow
It would be helpful to know the precise wording of the order. Was it signed off by the judge?
It sounds like you are tenants in common. Is the mortgage still in joint names?
A Mesher Order would have allowed you to register a 30% charge against the property and included triggers as well as an indemnity clause. This is really what you should have had.
If you can agree on an amendment to the order that works for you both it could be agreed by a judge. I am not sure though how much scope there is to change the terms of a final order if you don't agree. I really would advise taking some legal advice to establish your options. NB This may now fall under property law if she is seeking to overturn the ownership arrangements. This has a costs risk - loser pays.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.