Court order - Transfer of Equity

[Nubian88]

I have a court order settlement that states that the property is to be transferred into my name and my ex husband will receive �8k.
I have a mortgage offer and my conveyancing solicitor has sent all the documents to my ex to sign eg TR1 form.

This was in December 2006. He has still yet to sign. Can you advise what I should do next as I fear he will try and hold out until my mortgage offer expires. He was extremely difficult during the whole proceedings.
Can I get a District Judge to overule his signature?

Many thanks

Sylvia

[Nether Edge]

Yes. Ex is in breach of Court Order which probably set a deadline for the Transfer. The Court can empower a Judge to execute (Transfer, not Ex unfortunately).

[Nubian88]

Thanks for this. And funny comment.
Will it have to go to a court hearing or is it something that cam be done adminstratively at the court?
Also, I am about to move in with a new partner will this affect anything? I'm assuming not.

[Nether Edge]

Court Order required, but may not need full hearing. Court would have to notify Ex what is proposed, in case he wishes to appear and object.

[Nubian88]

Thanks.
However what can he object to? Is the court order not final ?unless he wants to begin an appeal process, of course but I believed this was now too late

[Nubian88]

Hi There

I decided to go to the Royal Courts of Justice in the end as I called them and they said there didn't need to be a hearing.
I waited and waited and eventually saw an 'emergency' District Judge. He said at this point he couldn't sign the TR1 form as my ex had not been informed. He did however draft a letter that I will send to my ex stating that if he doesn't sign the TR1 form from my conveyancing solicitor in 7 days I can go back to the courts and the judge would do it. I'm very happy with the outcome as I am now empowered and don't have to wait like a lemon hoping my ex will be reasonable and do the right thing. So no re hashing of the case and no further court hearing!!!

[confused79]

I am in a very similar situtation but as not far down the line as you, and i want to know how you got to this.
I have a mortgae offer like you but i have my home in my and my exs name, i want to re-mortgage and pay him off with �7,500, he is not forthcoming with accepting this, did your ex know you was doing this from the begining?
sorry if im not makign much sence but i have posted question on here also i i just want to know how you got to this position, what i can do myself?

[Nubian88]

It's not easy, I know.
Firstly, could you tell me a few things;
- do you have a court order for a transfer of equity to you for in exchange for �7,500?
- Do you have a decree absolute and are now sorting out the ancillary matters?

In my situation, my now ex would not accept any offers and it eventually went to a final court hearing. In this case it was decided by the judge - he wanted �50k but got �8k. No, he didn't know what I was doing from the outset only once the Financial Dispute Resolution(FDR) proceedings had started and then I said he could have his flat and I wanted the matrimonial home outright. I did concede before the final hearing to the �8k he refused that hence the Judge making the decision.
I do hope you have legal representation - DO NOT GO IT ALONE!! My ex did hence he only got �8k he may have got more and there could have been more strings attached ie the property sold when our sone had finished education. etc. Look at it as keeping your cards close to you chest and trying to retain the position of power. Once he knows what you are doing up front he'll have information that he'll use against you.
My entire divorce from separation to decree absolute took 6 years! And that was because my ex was very stubborn - don't let it be you. Also ask as many questions as possible as legal stuff seems to be shrouded in secrecy. Speak to you court as well they can be very helpful.

[confused79]

Hi there, im sorry i didnt realise until now that you replied to me.
I am still in a bad situation. No court order has been made as yet, i have a solicitior but i find she is not very good atall.
I dont qualify for legal aid and i have no money coming in from my husband, i have my 3 children at home and all i want to do is keep my home in order not to uproot them any more and put them through any more pain.
I have been accepted for a re-mortgage and this is also to pay off a joint loan we had i can give him 8k but he wants 10k which i think is so so petty.
He saying he wont sign nothing until i can get him 10k, and if i dont re-mortgage soon i may end up having to sell or i will lose my home,
This is really upsetting me now and i dont know what to do, i feel im in a catch 22 situtation and its all because of him. :0(