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How to enforce a property transfer.

  • hidetheplastic
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4 years 8 months ago #471710 by hidetheplastic
Replied by hidetheplastic on topic Re:How to enforce a property transfer.
I have a question:

I started divorce proceedings on ExH in 2013, we agreed a consent order in jan 14 and applied for decree absolute in feb 14. This detailed that I would pay exH a set amount of money for his share of equity in the former martial home and he would sign the deeds over.
Before the deed transfer/money transfer happened exH was made bankrupt.

The trustee put a charge against the house and said they wouldn''t accept the valuations/amount I agreed to pay in satisfaction of their interest. House was revalued, we agreed what I would pay and I paid up with them removing the charge and confirming in writing that I had fully satisfied their interest.

They instructed exH to sign the TR1 which he did but he refused to provide ID to complete the ID1 form/evidence the right person signed.

I have a new mortgage set up ready but the land registry won''t accept the TR1, despite repeated letters/calls he won''t provide the ID. The trustee has now discharged his bankruptcy and will not enforce him doing this.

The conveyancying solicitor has suggested I apply to court for a judge to sign the TR1 on his behalf as this has been dragging on for over six months now.

I wrote him a final letter before Christmas advising I would apply to court if he didn''t provide his ID and apply for him to bear the costs.

I''ve downloaded the D11 form but unsure what a ''sample order'' that I''m asking the judge to make (I have read the instructions in the first post but can''t make sense of that part)

Also the fees for making an application listed are:
Application for a financial order, other than by consent.£255
Application by consent for a financial order.
£50
Which one am I paying/asking for?

finally I will pay the fee myself but would like him to have to pay this, will the judge automatically order this? And if so how do I enforce it when he doesn''t pay up? He agreed in the consent order to pay half the costs of having it made/sealed but never gave me his half.

Thanks in advance

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  • Maryman
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3 years 3 weeks ago #495804 by Maryman
Replied by Maryman on topic Re:How to enforce a property transfer.
A really useful post as my daughter will be needing this information to get the property transferred to her. Her ex has just left the country without signing the transfer documents he was sent. There is a consent order in place.

I just would like to know how to apply this paperwork to court, who do we address it to, and where can I find ... like the previous poster... what fee to apply , to it and what are we applying for.

Thanks for anyone who replies we are rather mithered by it all

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  • Pepsi64
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3 years 3 weeks ago #495824 by Pepsi64
Replied by Pepsi64 on topic Re:How to enforce a property transfer.
@ Dukey

Thank you for your OP - this is such a helpful post (not specifically to me - but to others) and well set out.

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