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.
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;
"WITNESS STATEMENT OF (your name) MAKING APPLICATION FOR A DISTRICT JUDGE TO SIGN A TR1 TRANSFER FORM WHICH THE RESPONDENT HAS FAILED TO SIGN "
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.
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.
STATEMENT OF TRUTH
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.