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Advice needed on consent order

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  • Advice needed on consent order

    Hi all
    new here and hoping for some advice please in relation to my partnerís consent order. My partner was married 8 years ago and husband left shortly after as he was cheating with someone else. They have 2 kids.

    I have been with my partner for 3 years but canít live with her due to consent order.
    Consent order dictates that her ex will pay spousal maintenance which is half of the mortgage payment. They are both on the mortgage jointly.
    The consent order dictates that this payment will continue until either the youngest child turns 18 or my partner cohabits for 6 months or more with someone new at which point she needs to buy him out. There is roughly 12 years left on mortgage and 8 years until the younger child is 18.

    We have attempted to get a mortgage to buy out his share and have been declined. We can only borrow the amount of the current mortgage and nothing more.

    My suggestion has been to now have solicitor make ex aware of this (no direct contact as his behaviour is so unreasonable) and offer to have him removed from mortgage and replaced with me, with no equity payout until a later date (whatever clauses this needs to be) and obviously weíd sign something to ensure he got his payout. However, the ex is a control freak and I would be surprised if he is willing to agree to this. He is DESPERATE to get off the mortgage but also very money-driven so May see this as a chance to get more equity further down the line.

    My questions are as follows:
    1. What else can we do? Surely my partner is not expected to hold off on a relationship and family life until mortgage ends?
    2. Would our attempts be seen as reasonable? Ie we have tried to buy him out but cannot, and have offered a ďcompromiseĒ that he is unwilling to accept. If we were to cohabit what do you think a courtís view would be if we have attempted to form a compromise which he has declined?
    3. If we were to cohabit and he hasnít agreed to the above what could be worse case scenario in terms of next steps?

    thanks in advance
    Tags: None

  • #2
    Should add:
    - we have explored moving previously about 30 mins away- he blocked sale as claimed too far for his kids to go
    - we cannot move due to the fact we can only lend anount in current mortgage

    Comment


    • #3
      Does the consent order specify what % of the equity in the property your partners ex husband is entitled to ?

      Does the order specify spousal maintenance is for paying half the mortgage ?

      What's your position ( financially - are you selling property, have deposit etc ? )

      ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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      Comment


      • #4
        39% he is entitled to.
        yes spousal maintenance is for mortgage.

        we arenít selling - we wanted to buy him out but canít get mortgage so canít - no deposit

        Comment

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