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Where do I stand? - property Court Order

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12 Oct 12 #360591 by maisymoos
Topic started by maisymoos
My Court order states that a second property that we jointly own has to be transferred to my ex within 56 days of Decree Absolute. The 56 days was over months ago. He is claiming he cannot initiate transfer because he is not in a financial position to do so. (he has to pay all costs associated with transfer)

Can he get away with this it is in my interest to get it transferred asap, as it effects what I have to disclose in other financial areas and also will ultimately effect my CSA payments.

If I end up taking this issue back to Court what are the chances the judge will sympathise with my ex and let him off?

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12 Oct 12 #360614 by sulkypants
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12 Oct 12 #360617 by maisymoos
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Thanks sulkypants. I have read through the link. I forget to mention the property is in France so alot of what''s in the link does not really apply.

I note though, that Dukey does state in his reply that it is enforceable if there is no good reason why the transfer has not taken place. Is the fact that he says he is not in a financial position to transfer it a good reason?

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12 Oct 12 #360619 by dukey
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If you enforce an existing order all the judge is there to do is enforce it, not talk about if its fair, just to enforce.

If it does cost a heap to transfer then maybe he will get more time, i have no idea of the process in France, i was told its a bit strange compared to here which is pretty much a TR1.

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12 Oct 12 #360649 by maisymoos
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Thanks Dukey I have just done a bit of research and appears there are various taxes payable in transfering a property from one spouse to another in France and it does seem more involved than the UK, but there are plenty of UK solicitors who are used to dealing with this exact situation.

Its a bit odd though why he claims he cannot afford those costs when he has just submitted a planning application to build a two storey extension on to his £750k property. Strange that!!!:dry:

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12 Oct 12 #360669 by dukey
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Errr 750k but can''t afford a few hundred?, back to court miss maisy, lord I wish I were a judge at times.

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12 Oct 12 #360692 by maisymoos
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Hi Dukey

I feel the same, he has just bought a ride on lawnmower and two wood burning stoves to keep his property nice and warm :blink:,he told my son its so he can reduce the bills!! If I didn''t laugh I''d cry!!

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