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Enforcing a court order

  • lynne196640
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05 Jul 11 #276297 by lynne196640
Topic started by lynne196640
At the last financial dispute hearing the judge ordered that my ex should sign over the house to my sole name in return for me paying of some of his debt, He was supposed to do this within 30 days of the Decree Absolute being made final. He has not done this, so i need to enforce the order, but i need to know how I go about this myself, as apparently im not intitled to public funding anymore, so was looking for advice on how to do this, as at the moment, i cannot sell the house as his name is still on the deeds. Can anyone help me

  • ditchedagain11
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05 Jul 11 #276330 by ditchedagain11
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Hi,
I assume you nhave this written into a Consent Order then. Going on that basis you should print off Form D11 from the HMS website 'Notice for Directions'.This will enable you to have a short hearing at your local county court to explain the present situation, and get the order enforced.
Regards
DA

  • Fiona
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05 Jul 11 #276375 by Fiona
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If you use a solicitor the penalty for not complying with an order is in costs.

I would write to your ex reminding him of the terms of the order and stating that if the house isn't transferred within the next fourteen days you will be applying to court to enforce the order and for a costs order.

  • marsh6774
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06 Jul 11 #276467 by marsh6774
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Sorry for jumping on your post but I had a similar question a few weeks back and was advised to lodge a form FP1 to the Court. My situation is that I am now 2 years on from my Consent Order and Decree Absolute and my ex wife has still not transferred the FMH into her name and taken me off the mortgage. The consent Order stated that she either pay me 5% of the value of the house now or register a charge of 5% of gross value in my name on the property and that she takes the property into her sole name and remortgage if she is able to release me from the mortgage. She gets mortgage offers then asked me to accept a payment of less than 5% of the agreed value. She says she does not want a charge but cannot afford to pay me the 5% now - even though the arrangement was suggested by her at Court in the first place. I am happy to just have the charge registered.

Whilst I am still on the mortgage of the FMH I am struggling to get another mortgage on a property for myself. I was advised to write to her once more then to lodge a Form FP1 but am now confused as Fiona has advised you differently.

The situations seem the same but perhaps they require different forms - please advise ?

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