Property Transfer madness - help!!

Okay here goes.

Ancillary Relief finished January this year.

House in my ex wifes favour. However she has not done the Property Transfer and is stalling and stalling to taunt me.

I have two children sharing a bedroom whilst we wait, who live with me full time.

In the Ancillary Relief final orders their was no schedule to make enforcement applicable. It just says she has do it with ''reasonable speed''. Clearly she has not done that!

The other bizarre part is the Bank will who are part of the mortgage transaction will not communicate with me because my ex is now treated as a Sole applicant on the new mortgage to replace the old. She is the only customer they will deal with.

So I have been told my solicitor can''t communicate with the Bank because I am not the customer!!! My ex has to coordinate it.

Round and round we go, because she won''t cooperate.

Enforcement hearing was a farce - Judge said I can return back to Court with the Property Transfer documents for him to sign but that leaves me with the problem with the Bank!?

I am confused but can anybody navigate me through this?! My ex has a Conveyancing solicitor who says the work is in progress but been doing it for 6 months! It is a few sheets of paper!

Any ideas would be a big help! Thanks for reading

Before we go any further - you said '' House in my ex wife''s favour '' which to me suggests that she got the house.

Nut then you say '' she has not done the property transfer '' which suggests the opposite.

If one spouse is to transfer a property to the other it is essential that the order should incorporate some time limit. But your order seems to leave the matter open ended. Such a transfer should be done within 28 days, and certainly 56. Any more in my view is unreasonable.

But you really must answer the question in the first paragraph.

LMM

Same problem with my Ex to transfer the property to me.

Our CO states 1.The Applicant shall transfer to the Respondent within 56 days from the date of Decree Absolute all his legal estate and beneficial interest in the property XYZ.

In tired of Ex and his solicitors letters with loads of rubbish.

Can I enforce the order and go back to court as he is in ''breach of contract''

Many thanks for you''re reply. When I say the ''House in my ex wife''s favour'', all I mean rightly or wrongly, is that she got more of a financial interest in the house in the final Ancillary Relief Orders than me.

She was allowed to continue living there, and I received a 30% charge on the house to be set by the usual triggers.

That was all done in January 2013, with the Property Transfer beginning in October 2012.

I''m still not sure just what is going on here.
The first question I need to ask is whether the property in question, before the divorce, was owned by
Yourself alone ;
Herself alone ;
Both of you.
This is a pretty fundamental question, and the answer will determine the form the transaction will take.
From what you tell me, your wife has the right to live in the property for the time being, until the happening of one or more triggering events. Have I got this right ?
On the happening of a triggering event you get 30%. Correct ?
So there must be some mechanism in place to make sure you you do eventually get your 30% and to make sure she cannot sell it, pocket the whole of the proceeds and disappear. I assume you would agree with that, and so would I.
One way of doing this is that the property is transferred to her outright and she has to execute a charge on the property for 30% of its value. But you can only enforce this charge and insist on a sale once a triggering event has taken place.
I am trying to help you but I simply must have accurate facts. Without these there is a serious danger that any advice I give you will be wrong. But certainly, there is no reason why the process should take 6 months. I would not discourage you from taking enforcement action at this stage.
Do you have a solicitor ? Your original post refers to one. Why can''t you just ask for his/her advice ?
LMM

Hi LMM.

We bought the house when we were married and are joint owners about 5 years ago.
Yes about the triggers. The reason their was a Charge put on the FMH was because we have two young children, so for example one of the triggers is that our youngest son reaches 18 years of age or finishes Secondary education, then the house has to be sold. Over 10 years away!

At the Ancillary Relief final hearing in January 2013 the Property Transfer process was moving, since October 2012, so the Judge made a dangerous assumption that she would finish the transfer promptly.

A recent change in circumstances is the children are living full time with me now, via Court Order, on an interim basis. So I have a lot of pressure to get this sorted, because they are of different sexes and sharing a bedroom.

My conveyancing solicitor has done the Property Charge document, but my ex''s solicitor is responsible for the Property Transfer document and Tenancy Agreement changes (Government Shared ownership property). My solicitor did their work in 10 days!

I wanted to take charge of the situation, but it seems impossible because ultimately the Bank who is a stakeholder will only communicate with my ex''s legal team, due to ethics of her being the Sole applicant on the new mortgage.

I don''t have a family law solicitor, due to lack of funds, and represented myself at the Enforcement Hearing back in April.

I have tried writing to the Ancillary Relief Judge under the slip rule to re-write the Judgemnent comment from ''reasonable speed'' to a schedule timetable so that enforcement can work. No reply to two letters. I have written to the OJC - it is not an issue they will take up.

My ex wife has hinted this transfer will go on and on for as long as she can drag it out for.

Many thanks for your time on this.

Amefbi yes you can. It is a D11 form. You can download the form off wikivorce. Have you got a resolution to your finances either in or out of court?

Do you have solicitors? If you don''t you could send a ''warning shot'' letter (recorded delivery) to your ex or his solicitors to say they have 14 days to comply with the terms of the propert transfer otherwise you will be applying to court for enforcement of the transaction.

Good luck.