Court Order

[sistergo]

I have a court order for my ex to buy me out of of our former matrimonial home. It appears the order cannot be effected as the lenders have made it clear that the liability is in both names and that they cannot do a transfer to my ex as his earnings does not qualify for mortgage.

Can I force a sale of the property as I want liability out of my name?

[tonywiltshire]

The mortgage provider will only remove you from the mortgage if your ex-husband has the ability to pay the existing mortgage, they will not care who pays as long as payments are received, at present they have two people to pursue if payments are not paid they will not wish this reduced to one. Your ex-husband will not be guilty of contempt as it has to be shown he had the ability to comply, which from what you say he does not. This situation should not have arisen and you need to go back to the court and explain the position.

[sistergo]

Thanks tonywiltshire but I understand a final order cannot be amended

[tonywiltshire]

It is not unusual to vary a Court order, and from what you say you have little choice if one party is unable to comply. I suggest you speak to your Solicitor who is in possession of all the facts, or the County Court staff who are usually helpful where legal advice is not requested.

[Barmaid]

Does the original order have a "liberty to apply" clause?

Ie does it say something like "THe parties have liberty to apply to put the terms of this Order into effect".

[tonywiltshire]

I am grateful to Barmaid, whom I understand may be Council ( I am not), for the contribution made free of any charge which is most refreshing, my understanding is that all orders of the court have the inherent liberty to apply to the court, is this incorrect?