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What are we each entitled to in our divorce settlement?

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After the Final hearing

  • inastate
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01 Sep 12 #353146 by inastate
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Help please!!!

General story so far...followed by some urgent questions....

Had a Final Hearing in May. Not pleased with the wishy wishy way the whole procedure was done, and did not get a fair deal at all.....and then the Judge put together a Court Order that simply cannot be done, by law!!!!!

I then had to engage a solicitor, despite doing everything myself till then, because there was to be a transfer of property to each of us and another one sold and split.

Barmy Judge ignored ( and actually laughed at) me when I raised the point about the ex husband having a CCJ that had been applied to the property I was allocated( his debts, nothing to do with me....all caused by his over the top life style with 3 different new women in his life ). Even I knew the house could not be transferred by the Land Registry with the ex''s CCJ on it.....seems the Judge did not know such a fact !!!

Now....solicitor has run up large bill trying to get the CCJ removed and put on the property being sold....which was eventually agreed by the credit card co who issued it...only for ex''s solicitor to pull the plug on the whole thing and refuse to allow the CCJ to be moved.

So, now...I cannot have my home in my sole name and his solicitor says that he will apply to a Judge to sign the transfer of the other house to my ex, ( as my advice was not to sign till my house and the CCJ were dealt with )claiming that I have refused to comply with the Court Order...not true.

Does anybody know....can this happen??

Can a Judge be asked to sign a transfer deed without even knowing the whole story behind the issue ??

Should the Judge call us both in to ask what and why the situation exists ??

Will a Judge just sign it regardless ???

I really need to get the whole issue back infront of the Judge. I have written 3 letters, made 2 visits to Court Office and telephoned several times. Get told that ''the Judge has been informed of the desire to go back in front of him and there will be an appointment made''...so far, 3 months on...no letters of acknowledgment...no date to see the Judge...nothing. Not a word, and no further forward.

Just a very horrible mess.

Of course this has gone past the 28 days limit for an Appeal too.

Does anybody know.....if no Appeal has been lodged and ''just'' letters to the Judge were sent ( within the 28 day limit ) asking for clarification on several issues and also to deal with the order of a transfer that''s impossible to be made in my direction and the other transfer being ''signed by a Judge'' if possible...etc etc etc....is anything ever actually going to be resolved???

How long should I wait ??

Whatever can I do next ???

Too late to Appeal but several important issues not dealt with on the day, as they should have been, and the whole transfer thing halted by the ex'' solicitor.

Does anybody know where I can go or what I should do ????

I''m at my wits end !!

Thanks for reading this far if you have...and do you know any answers ??

  • dukey
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01 Sep 12 #353156 by dukey
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CCJ`s are registered against a persons name not an address, if a person had a CCJ and lived in a property then moved its easy to disassociate the CCJ from the property no solicitor is needed.

Writing letters to a judge is fairly pointless most of the time, your solicitor should have suggested Directions which can often take up to three months.

You have to do as the order says or yes the judge can sign the property transfer application, and you can face the costs of enforcement.

  • QPRanger
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01 Sep 12 #353168 by QPRanger
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Hi inastate

I am in a similar situation to you: rubbish final hearing and court order back in June. I submitted a D11 to the court backed up with evidence asking for Directions ages ago and final got another court date for the end of this month.

So my advice is complete a D11 urgently (there is a nominal sum of £49 to pay IIRC).

Good luck.

  • inastate
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01 Sep 12 #353307 by inastate
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Yes, you are partly right...re your answer about the CCJ''s...but it doesn''t end there.

If a person owing money has assets, the person chasing the debt has a right to claim against those assets and that''s exactly what the credit card co. did.

They applied to Court for a CCJ and it was granted and a restriction was then applied to this property as it was in joint names...and still is, thanks to the Judge not knowing the law it seems!

When this property sells the CCJ must be paid off plus all Court costs and the interest accrued. I cannot stop it. And as I am supposed to have this house as my pay off...that is a bitter pill to swallow...made even more bitter by the fact that the debts were all caused by his expenditure on 3 other women....including 5 abroad holidays and a Carribean Cruise!!

The Land Registry told me that the solicitor was right...the transfer was not possible...by law.

If it removed then the transfer can go ahead...but if it isn''t, and now the ex''s solicitor has refused to allow it to be moved and therefore pulled the plug big time....I cannot have sole ownership of this house.

If I die then he will still get 50% and my kids will be doing what I''m doing..... going into battle with the law, the Court and yet another Judge I daresay.

I don''t know how to stop the process of a Judge signing a transfer, instead of me. regarding the other hosue. If that goes ahead I will have no claim on that house if he dies, but he can on this one.

The whole system is so wishy washy I think my little granddaughter could write a better set of rules.

Any ideas of how to stop the other transfer being signed by a Judge ( who could be a different Judge and not know the story ).

The barrister told me to write to the Judge because of the problems...and I have 3 times, plus visits to the Court office and phone calls....what else can I do??

The whole system is mad!

P.S. and an even more bitter pill to swallow is the fact that the 2 other houses we own ( as investment properties for old age...that''s a joke now ) were only made possible by an extra large inheritance I recieved when my parents died. The Judge said it ''did not count in marriages over 5 years'' Bizarre !!!!

Ex is happy...he has a nice fat sum of my money now !

  • inastate
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01 Sep 12 #353312 by inastate
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I''m going to look into that suggestion thanks. The Final Hearing was a joke. I thought we had British Justice in this country....nothing like. Its British In-justice for sure.

I could write volumes on what happened before, during and after my 6 ( yes 6 !! ) trips to Court for this whole Financial Settlement saga.

The 7th will be just as ludicrous no doubt. I feel like, not only have I been the innocent victim in my marriage, but an equally innocent victim of the Court too.

Judges need to get into the real world!

Yes...I''m the Respondent..and I had to sit and listen to lie after lie after lie that the ex said in Court and was I asked to comment or agree or disagree with the statements he was making.....of course not, so the whole farce was played out to his advantage, and he''s laughing all the way to the Bank.

Am I at my wits end ?? Yes for sure!

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