Hi Guys.
I'm new here so pleased to meet you all. A bit of background..... three marriages and two divorces so should be able to fly this thing now lol.
Long story very short.... divorced my previous wife three years ago with bitter acrimony after she was taking her work home with her boss!
Fast forward three years after I lost my youngest son to leukaemia I have shared care of my daughter who is 11. This was achieved after a protracted court battle in which ex wife and partner had alienated both my children against me. My youngest Son's disdain toward me prior to his passing showed the levels of alienation and the mindset of the ex wife.
Anyway, the reason for telling you this was so you all would have some context and not think I was a total b*stard when I ask for advice on the following.
I have a consent order which allows for a percentage of the equity of the former matrimonial home to be secured by way of a charge in my favour, repayable when youngest is 18. There are triggers that can activate the execution of the charge if some conditions are met. One of these is that the ex wife cannot increase the sum she owes on the mortgage.
My dillema is that my ex wife is in receipt of ESA and claims SMI to make payments towards the interest on the mortgage. SMI is being changed in April 2018 to a loan secured on the recipients home to be repaid with interest when it is sold or when the recipient finds work.
I'm wondering whether accepting SMI as a loan makes her in breach of the consent order as she will undoubtedly increase the money she owes on the house.
I know she is living with her partner..(her former boss) and had tried all ways to get out of meeting her obligations in the consent order. The house is a large 4 bed detached and is far too big for her and our daughter. She clearly cannot afford the mortgage so she should either sell up and downsize. The equity she would receive is plenty to buy a flat or a small house.
I want to take the matter back to court and have the charge enforced.
Any advice gratefully received.
Thank you
I would be inclined to agree with you that a court would need to resolve this, I can't see how the existing court order can continue to be interpreted correctly with this change.
Hi there
...pleased to meet you too and just want to say how sorry I am for the loss of your little boy, I can't begin to imagine how devastating that must be, more so as your ex still couldn't put his best interests first at the end and allow you both to make peace for his sake.
I'm afraid I don't know much about divorce and it's process, but from what you say, I would tend to agree with you and actd.
All the best