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Section 14 Trusts of Land and Appointment of Trust

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30 Mar 12 #320827 by Post
Topic started by Post
Good morning,
I`m in the process of buying a property, however, it has just came to light to me that the husband is not available to sign the paperwork. There is a "General Form of Judgement or Order" on the property.
At the court hearing the husband did not represent himself. Clause 1 of the Order is referring to: "The property at ### be sold forthwith pursuant to section 14 Trusts of Land and Appointment of Trustees Act 1996."
With the husband not responding to any correspondence, does the ex-partner still have to go to court to amend the Order so that they can sell without the husband`s signature? If so, how long can that take?
Thank you for your help in advance

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30 Mar 12 #320834 by cookie2
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You say the husband is not available, and then that he is not responding. Which is it? Is he not contactable for example on a 2 month safari in the Australian outback with no mobile phone, or is he just not responding because he is an a-hole? I think these cases would be handled very differently.

If the husband is deliberately not co-operating with a Consent Order or court order then you can apply for enforcement, and claim your costs from him. Often the threat of doing this, is enough to kick him into action.

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30 Mar 12 #320836 by Post
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There is a correspondence address for the husband / ex-partner, however, he does not reply to anything.
He failed to attend or be represented at the Court hearing.
How long would it take the Court to issue an enforcement so that I can buy the property without his signature? (Central London County Court)

I am in the predicament whether to start looking for a new property or wait for the enforcement order to be issued, but I need to be aware of some sort of timeframe before pulling out.

Thank you for your help.

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30 Mar 12 #320839 by cookie2
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I think this will depend greatly on the circumstances and how things go.

As a first step I would send him a letter saying that if he does not reply within 14 days then you will be applying to court for enforcement of the court order and that you will be submitting a costs order. If he still does not respond then I would see a solicitor and do exactly this.

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30 Mar 12 #320841 by Post
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My conveyancing solicitor sent me the following message yesterday: "The (Vendor`s)Solicitor advised that he has diarised to review tomorrow`s post (today) to ascertain whether the documentation has been received by Mr ## and if not, he will refer the file to his litigation department to refer the matter back to Court for the Court to sign the documentation on behalf of Mr ##."

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30 Mar 12 #320844 by cookie2
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The seller''s solicitor is saying he will take it to court to be signed on your husband''s behalf? Something does not add up here. The seller would not have jurisdiction to do that.

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30 Mar 12 #320846 by hadenoughnow
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I don''t think it is post''s husband we are talking about here. it is the EX husband of the person who is selling the property that post wants to buy.

In that case it is the seller who needs the enforcement ... Post wants to know if it is going to take ages and if it is better to forget this property and start looking for another one - perhaps with fewer complications.

TBH I don''t think we can advise really. It all depends on how clogged up courts are in your area. Getting the enforcement itself probably won''t be tricky but it will have to go before a judge. You could ask the seller to check with the court to get a rough estimate of time frame.

Hadenoughnow

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