Back To court Form D11

Hi.
I am researching for my daughter. Her ex is not conforming to the Consent Order in signing the property over to her. I need to get hold of form D11 in the event we have to return to court, and the download does not work it seems on here?

Does anyone have any tips on filling one of these forms in?
How much will this cost, although I understand we can apply for costs.
Also, he has plans to emigrate, would an order to return to court hinder these plans?

I shall be writing to give him 7 days to comply, we just hope his travel plans are not immediate and he skips the country.

Thanks

Have your sent the consent order to the property owners so that they are aware of the situation?

Sorry i don t think i explained clearly. My daughter has been through all the finance stuff and the consent order states she is to have the house, which she is living in. The problem is with her ex not signing the transfer. Everything is in place bar him putting pen to paper.

We have sent a curtsy letter saying we will return to court if it does n t happen within a time limit. He does have the transfer documents so we are now waiting .

My question on here is, Where do I obtain the form D11 to do this, and has anyone done this so they can pass on their experience?

We have a solicitor for the property transfer but if we have to go back to court that we will do ourselves ... the usual reason...££££

The form can be downloaded from the court website formfinder.hmctsformfinder.justice.gov.uk/d11-eng.pdf

It is not uncommon for a party to fail to sign a transfer - it's usually the last bit of power they have over their ex.

Depending upon what the consent order says will depend upon how you approach the application to court. If there is no timescale within the order this makes things less clear.

If there is no specified timescale in the order the usual approach is to apply to the court for an order that the other side sign within a specified period and attach a penal notice to the application. This means that if they don't sign they may be sent to prison.

However, it is possible to apply for a judge to sign in the other party's stead. This is more effective but it can be held up as the interpretation of the law is unclear and most judge's will make the order that the court can sign but that they themselves cannot sign as they made the order therefore the transfer must be signed by another judge.

A colleague of mine had this problem and was fortunate enough to have a friendly judge in the next room and she popped her head around the door between hearings, explained the position and got the transfer signed 5 minutes after the order was made.

Another colleague made the same sort of application and the judge made the order and signed the transfer there and then. Which was nice.

Your mileage will vary but it is possible. Be quick though, if the other side leaves the country this makes things much more difficult.

Charles

I have been through this.
I applied to have the deed transfer enforced, unfortunately my ex failed to attend the hearing.
The judge wrote to him giving him 7 days to comply with signing the deeds.He ignored this and so I wrote to the judge and eventually she ordered my solicitor to sign the transfer in his place.It turned out to be very time consuming.

It would be odd if the solicitor was ordered to sign the transfer as the solicitor has no power to do so (and cannot be granted that power by the court). I would wager that it was a judge who signed as the transfer.

Charles

Thank you Charles for that explanation, You are right about the last bit of control, but he does have very good pensions which my daughter is allowing him to keep if he just signs over the property. We will have to carry it through though as she cannot move on if he does not. We did enquire to a solicitor doing it but the costs, plus the cost of the property transfer is ridiculous. Only one real winner in all of this.

There is a 56 day limit on the order , which has long since passed.

Fingers crossed that he sees sense