Is there any type of court order that I can obtain that will either force my mortgage company to allow me to make changes to my term/rate without my ex's agreement or force her to agree to changes. Our mortgage, that I solely pay for, and have done for nearly 18 months, is due to jump on the standard variable rate at the end of this month and increase by £300+ per month. This will cause me financial hardship the company have said she's refusing ALL changes and as such they cannot put forward an application to change it.
I have looked at the financial order paperwork and this can only be filled out using either divorce or the childrens act as reasons, neither are applicable in this instance. I do have the 2 children 50% of the time, but we're not getting divorced.
Any advice will be greatly appreciated.
I think you'd need to get legal advice on this - try to get an initial consulation, but even if not, paying for an hour of a solicitor's time will be worth the money, I suspect.
Why are you paying the full mortgage if you have the children 50% of the time? Is she not able to make a contribution?
It might be as well to get a solicitor to write to her to point out that unless she agrees to the changes as agreed with the mortgage provider, your financial position would become untenable and you would be seeking to sell the property... I’m not sure if that can be done by court order.... as actd says it’s worth getting some legal advice on your rights.
All the best
I have booked in with a solicitor as i'm completely confused.
She's saying she wants nothing from the property (capital) as it was 99% my money put in. However she's refusing deals that would make my life easier.
She's doing it to just be spiteful.
The court have granted me an urgent hearing in a few weeks, I've requested an urgent financial order to take the rights as 50% signatory away from her on the basis of financial hardship. Lets see what the legal advice states.
Best of luck with it and do let us know what the solicitor advises.