Well, can I be clear about one thing - you are divorced but you have not
settled your finances by means of a formal order from the Court. Am I right
about that ?
But you have a
separation agreement and you
had the assistance of a solicitor. So I assume that your solicitor would
have explained to you about separation agreements. In some cases separation
agreements can be readily converted into Court orders. But in general the
Courts have taken the view that separation agreements will be upheld in
most cases provided certain basic preconditions are satisfied. The leading
case on these agreements is called Edgar v Edgar and I assume your
solicitor will have told you about it.
Now the problem that I have
here is that I can't advise you on the agreement without seeing it. Nor do
I know whether your ex took
legal advice on her own account in relation to
the agreement - an essential condition for enforceability.
On the face
of it, you have a
separation agreement which says ( I assume because
I haven't seen it ) and the first question which I would ask is, quite
simply, she has agreed to transfer the house to you ; she has not ;
therefore, can you enforce the agreement ? But if - for argument's sake -
her agreement to transfer is subject to your being able to procure her a
release from the mortgage - then on the face of it, unless and and until
you can do that then you can't enforce a transfer.
I'm sorry but you
really can't expect anyone on this forum to advise you on an agreement
without seeing it. The agreement is not valueless, inasmuch that if ( for
example ) you decided to seek an order from the Court to sort the position
out once and for all ( which is one option ) and she will not agree to a
sale, she has to answer the question as to why in that case she signed an
agreement consenting to it.
If you consulted me ( which you can't
because I retired some time ago ) the basic question is, is this agreement
likely to be enforceable ? So I suggest you consult someone who can help
you on this basic issue.
LMM