Got
absolute today in the post! And now just about to send
the
consent order off to be drafted by wiki services.
I have a query however and wanted some advice as to a ‘what if’
We have 2 properties between us, the former FORMER MH and the
FMH..the later being currently occupied and soley
responsibility of my ex, the former with me (on a btl mortgage at mo)
Agreement is to transfer deeds into sole names and indemnify the other of
each of the mortgage debts (these will have to remain joint as neither of
us are in a financial position to remortgage the other off presently) We
have both agreed that it will be a case of best endeavours on both are
parts OR via sale when youngest is 18 (14 years) for BOTH properties
whatever comes first (includes all the norms ie inheritance, non
occupancy). All other debts taken in sole names and joint split 50/50 (thru
gritted teeth on my part but cheaper than fighting it out in court) No SM,
CM at CSA rates.
I have funds lined up to pay for title deed transfer
for my property however my ex does not. I don’t believe she will have the
means to pay for quite some time (she has always been terrible with money
and budgeting hence the large joint debt, most of which accrued by her
after separation) but this is not what worries me. What does is her
potential to file for bankruptcy before the deeds are transferred for the
property that I am occupying? Would that affect me? If my name stayed on
the deed for the property she is in would that also affect me?
Just wanted to get a few opinions...if there is a big risk in her sitting
on the orders of the consent then I am in a mind to pay the deed transfer
for her property as well.
Does the court stamped consent order hold
precedence over a bankruptcy order?
Forum 
England and Wales 
