Consent Order advice needed

[Quantum7867]

Hi guys,

Just wondering if someone can help me out. There was a Consent Order made between me and my husband last year, and one thing written in it was that the current matrimonial home will be split 50-50 after the mortgage is paid off, estate agent fees etc. My husband rents a place while I live in the matrimonial home with my children. The Consent Order said that the house has to be put on the market by September 2012.

The value of the home at the time the Consent Order was made was £150,000 (The house looked crap and needed repair and this value was given by the surveyor appointed by the court). However, so as to get more money, I renovated the place using £10,000 of my own money (Husband didn't want to know nor care about repairs) but I've had an offer of £250,000 a few days ago.

I know that the Consent Order says that the house has to be split 50-50 but what are my rights in regards to this? He didn't spend any money on the repair which resulted in the increased value of the house but he is demanding that he wants his half of the proceeds from the property. What can I do? I see it as incredibly unfair that he has any share in the extra value of the property. Can I go back to court? Would you advise negotiation? Are there any similar court cases around? Are there any websites where I can ask people who may know more? I am really confused.

Help would be appreciated.

[cathfromsaron]

the consent order means that you agreed and the court ordered that you can't go back on it! but he is getting half of the profit! i think you should negociate with him the return of your £10k on top, IF you kept receipts and can prove it?

you do not have to return to court to vary a consent order IF you both agree ...

[bednobs]

sorry, i don't know the proper legal answer. However, common sense tells my you cant make 100k of improvements with 10k outlay - either the market has gone up since the original valuation OR the original valuation was wrong and too low. From what you say, you actually want to keep the 100k extra? you might well negotiate for your 10k back, but i seriously doubt you could successfully argue for 100k! (after all, it's not like you actually tested the market last year - you might have got much more than the estimate)

[mrs_overall]

As far as I am aware, when the house is sold, the money has to be split 50-50 regardless of what you spent on it

[boxtops]

You'd need to look at the small print in your consent order, to see if it said "funds spent on improvements would be deducted before the split is calculated" - but IMO I suspect that a split is a split, and you agreed to it. I'd take legal advice if I were you.