Please I need help understanding this. We have now had the final FDR hearing after a long 2 years!!!
So the Ex is to pay me a lump sum at a certain date and then I take my name off the fmh. This is how it was written in the court order:
“The Court Order says: “Upon payment of the lump sum of £xxx, the applicant shall transfer to the respondent all her legal estate and beneficial interest in the family home subject to the first mortgage secured against the property”
The Ex has now through a conveyancer sent me TR1 forms to sign. He says he has re-mortgaged the fmh and the cash can’t be released to me until I transfer the equity to him. I have refused to sign as I believe I should get my lump sum first and then I sign off the property. Then he sends this to me:
“”On the other hand, if you refuse to do this, as we both have commitments to fulfil within the Court Order, I will have no choice but to apply for Enforcement Order, which will ensure that the transfer can be done by Court Order whether or not you sign and my cost of going through that process will be at your expense, to be deducted from the settlement. So I have nothing to worry about except there may now be some delay. You’re no longer going to be able to play on my mind””
This is how he has always threatened me with enforcement orders etc!
I would contact his conveyancer directly just to satisfy yourself as to the order of things. It is my understanding that registering the transfer and cash payment are done at the same time. The conveyancer can receive the payment and pass it to you.