Court Refuse consent order

I ask for advice in this situation. in October, a Consent Order on the division of property was sent to court. The ex's income is a couple of hundred pounds more, the pension is the same. Same age. We share the only house (3 bedrooms) that has a mortgage. 2 children 6 and 8 years old. I left home a year later when my ex-wife filed for divorce. I'm renting a house. I pay child support. I agreed to 35% of the cost of the house and remove my name from the mortgage and give the rights to the house to my ex-wife. After 5 months and dozens of calls to the court, I received a letter with the following wording: “The Judge does not approve this order. Paragraph 11 should be an undertaking from the Respondent whereby she promises to 'use her best endeavours' to procure the release of the Applicant from the mortgage, not to actually do so. The bank/building society cannot be forced to release the Respondent and given there are young children and the court's first [although not paramount] consideration is their need for housing I would not make an order that risks them secure housing." Please help me figure out what to do and what options. I pay child support and rent housing. If I have to pay another mortgage, I'll have £300 a month left to live on. I planned to use the money for a deposit and take out a new mortgage.

Hmm. A lot depends on the wording of the original draft consent order and the ability of your ex to take on the mortgage in her own right. Is she in a position to do that? If she isn't and you have to stay on the mortgage, there would usually be a clause indemnifying you against non payment as well as a clear end date for the arrangement e.g youngest child reaching 18/21 or remarriage/cohabitation.
Best endeavours means she has to try to get you off the mortgage but whether she can or not will depend on whether she is earning enough to take it on solo. If she cannot, you would have to remain party to the mortgage until one of the trigger points is reached.

It is actually heartening to see that the judge has picked up on this. Their priority is secure and stable housing for the children

You will need to get the order redrafted in line with the judge's comments if you want it to be approved.

Hadenoughnow