How to enforce the consent order

If there is a consent order in place which says that a person should use their best endeavours to release a person from the legal and beneficial interests in a property and give them £60,000 for the equity how can it be enforced if the other party will not play ball.

The husband is now saying he cant remortgage as the value is so low on house. He wants wife to remain on mortgage but with no interest otherwise he will apply to the DJ to get the DJ to sign the TR1.

He is saying that he is borrowing £60,000 from a friend and although it has been suggested that the friend could join him on the mortgage in place of the STBXW he has not mentioned whether this is possible. He is only saying that the mortgage provider will not allow him a new mortgage with his partner.

The wife is in bits as she needs the £60K to move on with her life. surely she should not have to stay on the mortgage but she cant afford to make further applications to the court and she desperately needs the 60K.

If they sell the house there may not be enough equity to pay the mortgage but he is borrowing the money from a friend to pay her the £60,000.

If she makes an application on the D11 should it be to sell the house or have the terms of the order enforced. Will the court approve the selling of the house if it is in negative equity. He is renting it out and lives with his new woman in another house.

Please help.

Hi,
A D11 should be used to apply for terms of the consent order to be enforced. Was there a time ­frame­ on the order?

Regards
DA

Thank you for your reply that is helpful. The consent order states that the lump sum of £60K should be transferred to the wife within 2 months of the date of the order - sealed 8 October 2010 - and that the husband should use his best endeavours to release the wife from any liability under the mortgage (and in any event to indemnify her against any such liability).

The FMH is now being rented out and he has shown evidence that the mortgage company are not prepared to allow him to vary the terms. The husband is living with his new partner in a house that they have a mortgage on and the wife is now having to live with her mum as she can not afford anything else. She will not receive the £60K from him until the mortgage is sorted even though he says a friend or his brother is lending him the 60K.

It is all very frustrating. The husband's solicitor are now asking that the wife sign a transfer which would put the husbans as the sole proprietor but with the wife signing as there is a part on the TR1 in para 11 which says "the said (wife) hereby transfers the whole of her legal and beneficial interest in the property to teh transferee and covenants with the transferee that she has not encumbered her undivided share of the legal estate in the property".

The best endeavours clause is frustrating as he is saying that his best endeavours is covered by asking the mortgage company to remove the wife - they have said no due to low value to loan ratio. The wife believe that best endeavours should include him having to sell the house to remove her from her liabilities with the mortgage company.

Frustrating. The wife is in tears and feels that the husband is bullying her.

Any other comments are appreciated. Thanks

Padstar, you seem to be asking fairly basic questions for a lawyer, are you a lawyer?

Hi

I am a lawyer thanks but am facing a problem. I note the sarcasm but I have not had experience of this situation before and would appreciate some help.The client has run out of money some time ago and I am trying to help her. I would ideally like some light to be shone on the situation.

My confidence has already taken a knock. Don't we all face problems some time? I thought the idea of the forum was to help each other out - not to give each other digs?

thanks

Does the consent order state non occupancy?? If he has moved out then surely he should be selling?

I was in no way being sarcastic, checking your status but no more than that.

Best endeavors is i`m afraid as simple as asking the lender to release a person from the contract, court have no jurisdiction in the matter, best endeavors does not include selling a property which only court can order.

The indemnification is a bit of a red herring in as much as the lender can take action against the indemnified party should default occur.

I will read the thread from the start and help in any way i can.