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Breaching a Court Order!

Posted by: Anonymous
Wed 6, Dec 2017 at 3:27pm

After leaving an abusive partner, it was agreed that my ex partner who was in a better financial situation than myself, would take on the mortgage with the proviso that he would remove me from the mortgage and ownership of the property. My ex-partner refused to comply with his side of the bargain, eventually leading to a financial hearing in 2013. The magistrate concluded that the ex would remain in the property, with the Court Order stipulating, that he would need to remove me and that this should be done within 72 days of the date of the order.
I have now learned that this was not complied with and the ex has stopped paying the mortgage, leaving arrears, and I now understood the property is to be repossessed. Clearly, my name is still on the mortgage and the mortgage company are now chasing me for recovery of debt linked to the property. My solicitor who dealt with the original matter, suggested that I move back in, but I also believe that I would be breaching the Order and therefore would be admitting liability. The solicitor has had a week to answer questions as to why the deed of assignment was not followed up and who has responsibility?! Really not sure, which way to turn, as if I leave the rental property I share with my child, to move back in, then at any point the ex can claim ownership once more and I have intentionally made myself homeless. Any advice, would be gratefully received!

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  • Pc jaybee (moderator) Flag

    It sounds as if, if you move back, you may be at risk of domestic abuse which would be detrimental to you and probably to your child as well. So, in any event, this is not to be recommended.
    There are legal questions at stake here which we are are not qualified to answer.
    There appear to be companies on line who can possibly provide a second opinion to that which you have had from your solicitors. It wouldn't be appropriate to recommend any one of these in particular but I do recommend that you have a look for yourself.

    Wed 6, Dec 2017 at 5:51pm
  • User-anonymous Alison08 Flag

    Thank you, for at least replying to the post. It has been a difficult few years, but, I had finally started to believe that the past was firmly behind us ...there is a lesson here for others and that is even when your told that the "professionals" have done there job, it's not necessarily so! Follow-up everything yourself and record it all!

    Thu 7, Dec 2017 at 11:15am