I got my decree
last month - yippee... my
was subber stamped and my ex was ordered to pay divorce costs of £1000.
so.. My consent order says my ex must transfer the house to me (he stays on mortgage ..santander ) Conveyancing to change the title deeds will cost £500, but Ive been told today any sale/transfer of equity on the mortgage will still need to be authorised by the ex... so ... why bother?? Should I just wait until I am in a position to remortgage? How does this sit with the consent order which says its be achieved within 28 days?
Basically the divorce has cost me an arm and a leg, and I dont want to pay a conveyancer twice if it can be avoided but I dont want him having any claim on the house either... and I wont be able to remortgage for at least a year.
Secondly, hes refusing to pay the costs hes offered £192 (so 10%) but with the costs outlined above I really can''t afford to accept that, how do I enforce the consent order without paying my solicitor any more?
If your asking how to do it yourself, it''s fairly easy.
You have a court sealed order saying he must pay £1000, and he must transfer title, if he fails to do either you can enforce the terms of the order by going back to court, it''s form D11 and costs £80.
There are many detailed posts you can read by searching the wiki search bar thingy, ill dig some out tomorrow.
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.
I can''t find the posts I''m looking for right now relating to recovering the costs of the divorce, the form needed is D258, to get the whole procedure from the man who knows ask Charles, he knows this inside out.
If I get time in the morning I''ll write in more detail.
Thank you for your help. My solicitor has indicated that I should instruct a conveyancer to transfer the property to me, which is going to cost me another load of money. I guess from my perspective I don''t want to transfer it until he has paid the costs because I really cant afford to right now but nor do I want to leave myself vulnerable if he then goes on to contest the
in future (perhaps when there is equity in the house) and may ''win'' because I haven''t transferred the title deeds...
I think either party can
or contest a Consent Order within 28 days.
You can''t appeal just because you don''t like the outcome, it has to be because undisclosed information is available (to set aside the previous order) or that the Order was illegal or outside of the Judges remit.
I don''t want to sound morose, but if anything happened to you before transferring the title, he would still legally be joint owner and could claim something.
As suggested by Dukey - Maybe a letter to him (from you or the Sol) explaining you will be enforcing the Order and will be seeking further costs that would be involved with doing so.
If the order is by consent, an
is not really an option. Applying to set aside is more likely but that would have to be due to lack of disclosure or a supervening event (e.g. the house turns out to be made of cardboard, it blows away and the insurance policy won''t pay out).
As far as the divorce costs are concerned as a figure is stated, you can apply to enforce the order as a money judgment. Don''t ask me how this is done as debt recovery is one of the few areas of law that I don''t have any
The transfer of property is normally paid for by the recipient to the transfer i.e. you. Typically this would costs around £300 + VAT plus any Land Registry fees.
Where an order is in place for your ex to transfer the property to you, the court will assume that your ex cooperates with the order by signing the TR1 transfer form (that''s all that needs doing from his point of view).
In the event that the ex refuses to sign the TR1 you can apply to the court for an order that a District Judge sign in place of your ex. The judge who deals with the application can make the order then sign the transfer.
However, I recall another judge saying that he could make the order but would have to refer the TR1 to another judge to sign - it wasn''t worth arguing about as a solicitor hung around the court and dodged in between hearings to obtain a signature pursuant to the order that had just been obtained.
If you do apply to enforce either order, you can claim your costs back from your ex. If you deal with the matter yourself this will be court fees only.