Owning a house as joint tenants with my ex and mortgage on both names. I divorced and moved out last year. Consent orders were made to sell the house before June 2020. This has lapsed now and the other party is not willing to sell. Who pays the mortgage now ? Can I refuse to pay now, given that I was supposed to be no longer owning my share of the house and bound to a mortgage ? Child support payments are agency collected, ex has the means to pay the mortgage.
Orders made, as in submitted, approved & stamped by the court?
Is there anything in the orders about what should happen if either party does not comply?
Go back to court seeking a contravention and orders giving you sole permission to sell.
In the meantime talk to the lender and explain what is happening and seek a mortgage freeze.
In the meantime talk to the lender and explain what is happening and seek a mortgage freeze.
Do this ^^^ Take along a copy of the order
The default position then is that the legal obligation created by the order gives you the right to take the matter back to court for a contravention on her part .... You could also file an application in a case to seek sole permission to sell as mentioned...
Before that though, it may be prudent to write to the other party (use a lawyer if possible) with a copy of the relevant section of the order that you say she is in contravention of, along with notice that you will seek a contravention if she doe's not comply within xxxx time ...... Reason being that there *may* be some material change in circumstance since the orders were made that could amount to a reasonable excuse for not complying at this time.... If that is the case, & you are satisfied that she will comply, then you can save yourself the cost & anxst of going to court
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