I received my decree absolute on the 13 April 2012.
With the Court Order dated 2 April 2012 was the following paragraph:
1. The Respondant Husband do transfer to the Applicant Wife, by 28/05/2012, all of his legal and beneficial interest in the property ...
I have decided to move house and contacted the mortgage provider to change my mortgage. To be told that the house is still in his name (joint) and that I have to have his permission to sell. Does this mean he can still have a claim to any equity I have in the sale?
Having spoken to my solicitor I was informed that it will cost me over £1000 with possible extras.
My ex husband checked with his solicitor and does not think this was done.
My ultimate question is that if HE was ordered to do in paragraph 1, why am I having to pay for it? Should my solicitor dealing with the divorce have checked this was completed? I have had no contact with him since my Decree Absolute letter dated 30 April 2012.
(a) the terms of the Court order require HIM to transfer the property to you.
(b) If he hasn't done it, you can apply to the Court, and the Court can,
if need be, enforce its own order. If you do, HE will, in all probability, have to pay the costs of compliance with the Court order.
(c) If the property is still in joint names, then no, you can't sell it
without his consent.
(d) But why have you left it this long ??
(e) Did you tell your solicitor your ex has not complied with the order ?
It is HIS responsibility and duty to transfer the property to your sole name as per the terms of the order. Not yours.
He hasn't done it.
You shouldn't have to pay for it.
On another topic, if you intend to sell, it might be a waste of money
for you to go to the Court if your ex is willing to agree to join in the
transfer to pass title to a possible buyer.
He might not be too keen on that, but if it is explained to him that
the alternative is an application for enforcement for which he would
have to pay the costs, this might induce a more co-operative attitude.
The reason it has taken so long to find out is due to me contacting the bank to see about a new mortgage as I am moving next year. It was the bank who said they had, had nothing to say the house was mine - it’s still in joint names. I am paying the mortgage.
I contacted my solicitor who sent me a letter with a draft for transfer and notified me of the costs. I have replied reiterating the Court Order, and why they hadn’t checked to see if it had been complied with. They have not replied.
My ex husband contacted his solicitor who told him to get the paperwork from my solicitor, he said he would happily sign it.
That is why I was confused as to who’s responsibility it was to complete the paperwork.
You have been of great help & it is much appreciated.
Sometimes even when there is a court order, the mortgage compsny won't allow the transfer to go ahead unless whoever remains in the house is able to take on the whole mortgage in their sole name.
Are you able to do that?
If you are, the transfer should be able to go ahead unimpeded. £1000 seems a bit steep for what is a fairly simple process. It is the TR1 that needs to be completed. A specialist coveyancing firm that offers fixed price services may be worth approacing to get this done.
As above, you would need to be able to put the nortgage in your sole name. If not you could just get your ex to sign the paperwork at the time of sale.