Divorce Decree, Order of the court- Can bank ignore?

Annie Anon

Hi,

I am Divorced (Ireland) it was made an order of the court as part of my decree that the property that was in joint names of me and my ex be transferred in to my sole name with immediate effect and that my ex no longer had any interest in the property. This was the case as set out in our separation agreement 5 years ago, but only became an order of the court in the divorce decree. The decree also directs that the mortgage should be transferred into my sole name at such a time as the bank is agreeable to it. The decree gave powers to the county court registrar to sign any documents on behalf of me or my ex that were required to effect the transfer of the deeds into my sole name.

I instructed my solicitor to get the ball rolling on this, he advised me that he needed to write to the bank for their permission the remove my ex from the deeds, I trusted his advice, so he went ahead and did this. 12 months down the line the bank (EBS) are giving me the run around still and claiming that its their discretion as so weather they do this or not, and are refusing permission to remove him from deeds.

For clarification- the request is to remove him from the deeds only, as per the court order, as they will not allow him to be removed from the mortgage at this time.

Questions:

1- Surely an order of the court made by a judge has to be adhered to and this is not the banks discretion to choose not to obey it?- are the bank not in contempt of court what what they are doing?

2- Do I really need the banks permission for this or was the advice from my solicitor wrong, can we go ahead and transfer the deeds into my name anyway?

Help! I'm going round n circles and I've really and enough of EBS

Marcusm

You need to get your solicitor to advise you properly. I suspect that the court ordered that your ex s interest in the property be transferred to you. If it was i mortgaged, this would be effected by removing his name from the title (whether deeds or other). Where there is a mortgage, life is not so simple and his name would likely remain on the property until the mortgage is discharged. Provided your solicitor does his job properly, you'd hope his name on the title would be a formality. The solicitor is your only avenue.

Victor

Annie Anon wrote: »

For clarification- the request is to remove him from the deeds only, as per the court order, as they will not allow him to be removed from the mortgage at this time.

Your solicitor needs this clarified with the bank.

Mr. Incognito

Until the mortgage is paid the bank owns your house so their consent is required.

Pat Mustard

Annie Anon wrote: »

I am Divorced (Ireland) it was made an order of the court as part of my decree that the property that was in joint names of me and my ex be transferred in to my sole name with immediate effect and that my ex no longer had any interest in the property. This was the case as set out in our separation agreement 5 years ago, but only became an order of the court in the divorce decree. The decree also directs that the mortgage should be transferred into my sole name at such a time as the bank is agreeable to it.

You are talking about the divorce decree, which incorporated a consent signed by both parties.

You ask if the bank is bound by the decree. I haven't seen the decree and I could be completely wrong, but I'm just guessing that the decree orders the parties to do various things but doesn't order the bank to do anything.

In any event, there is little point in asking for advice on the bank's obligations arising out of the decree since we can't see said decree.

You need to go back to your solicitor to see if this matter can be resolved, because we can't help you here.

endacl

Mr. Incognito wrote: »

Until the mortgage is paid the bank owns your house so their consent is required.

No they don't. The person who bought the house owns it, and the debt is secured against it.