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Hi all
new here and hoping for some advice please in relation to my partner’s 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 can’t 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 we’d 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 “compromise” that he is unwilling to accept. If we were to cohabit what do you think a court’s view would be if we have attempted to form a compromise which he has declined?
3. If we were to cohabit and he hasn’t agreed to the above what could be worse case scenario in terms of next steps?
thanks in advance
new here and hoping for some advice please in relation to my partner’s 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 can’t 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 we’d 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 “compromise” that he is unwilling to accept. If we were to cohabit what do you think a court’s view would be if we have attempted to form a compromise which he has declined?
3. If we were to cohabit and he hasn’t agreed to the above what could be worse case scenario in terms of next steps?
thanks in advance
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