A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

transfer of ownership of FMH

  • toystory
  • toystory's Avatar Posted by
  • Premium Member
  • Premium Member
06 Apr 12 #322007 by toystory
Topic started by toystory
My ancilliary relief claim was settled a few months ago in court and a court order drawn up. One of the conditions was that my ex-husband transfer over the FMH to me and I indemnify him against all mortgage payments which are now my full responsibility.

He has not done this and has now moved abroad and I was wondering if this is something I can do myself by applying to the district judge. Does anyone have any experience of this? Do you know what form I would need and a brief summary of what is involved. Am assuming this will involve the registration at the land registry.

Many thanks.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
06 Apr 12 #322015 by dukey
Reply from dukey
If you have a court sealed order of court either by consent or imposed as a judgment for one partie to transfer property to the other it can be enforced by court.

Firstly make sure the transfer should have taken place before you think about enforcing it and that the transfer is not dependent on any other parts of the order including the recital, the recital is the first part that starts with "AND UPON", if you are unsure ask a solicitor to check.

If the transfer should have taken place and there is no reason for the delay.

Write to the other side asking them to comply within 28 days or you will enforce the order, keep a copy of the letter and send it recorded delivery and check it was signed for with Royal Mail.

If no reply you need to compile some documents for court.

1, The TR1,this is the document that legally transfers title and ownership and can be found in the Wiki library along with a guide on how to complete it.

Once complete add a front page,

At the top a standard court header which you can copy from the Consent Order you have, bellow the court header add "EXHIBIT" "This exhibit is marked "jb1" (use your initials so Joe Blogs would be "jb" and it is document number 1 thus "jb1") refereed too in the statement of (your name).

2, This is the document that sets out the order, what was to happen and when, more importantly what you have done to implement the order, include copy`s of all correspondence with the party failing to comply with the order.

Add the same front page as in "jb1" this one is of course "jb2".

3, Now a witness statement.

The front page is slightly different so standard court header then below instead of "EXHIBIT" you have;


No need to mark this form (jb3)

Start with your name and address and give the background, so you have an order and your ex refuses to sign it, refer to jb2 showing your efforts to resolve the matter include all dates so the judge has a time line.

Then right;

Accordingly Mr Blogs has not agreed to sign the TR1 and therefore i make this application to the court pursuant to section 37 of the county courts act 1984 for an officer of the court (a District Judge) to execute the TR1 in place of the respondent so as to enable the transaction to continue and the TR1 to be registered at the land registry.

I therefore ask this Honorable Court to execute the TR1 in place of the respondent there being no reasonable justification of his failure to sign this.


I make this statement believing the contents to be true.

Sign and date.

lastly complete form D11 an on notice application which is in the wiki library and take it to court.

Unless the respondent can show the judge why the TR1 was not singed the judge will do it, or make him her sign it in court, if the respondent does not attend the judge will sign it.

Job done.

  • toystory
  • toystory's Avatar Posted by
  • Premium Member
  • Premium Member
08 Apr 12 #322371 by toystory
Reply from toystory
Thank you so much Dukey! That was a really comprehensive reply.


Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Orders from £359

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.