|
Forum
Legal Forums » Divorce Law Discussion Forum » Consent Order and Sale of Property
Started Dec 11 2012, 04:46
|
Dec 11 2012, 04:46
Hi
My partner had a consent order drawn up following her divorce. The consent order states that the ex should make all mortgage payments until the house is sold. The order states that The house should be sold upon the first of conditions stated in the order and the equity be split 50/50. One of the conditions was co-habitation. I have since moved in with my partner, the ex then stopped making the mortgage payments. Myself and my partner are not able to obtain a mortgage to a level that will allow us to buy out his share even though we make all the mortgage payments. I have approached the ex with our proposals for selling the property with a view to obtaining the best price which would benefit all parties thus enabling us to downsize to a property within our mortgageable reach. The ex is very slow to respond at the best of times stating he is too busy to put thought to it and various other excuses. It would appear that he may be waiting for the housing market to recover in order that he can obtain the best value and increase his equity share. My question is should he still be paying the mortgage, as the consent order states he should, until the house is sold. The mortgage is currently interest only and therefore his equity is only affected by the performance of the house sale. I don't feel for one moment that he should pay the whole mortgage but as the mortgage is jointly owned is it fair to say he should at least be paying his half.
Thanks
Contract ID#12466723
|
|
|
We Speak Your Language
|