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Hello - Divorced but still have problems

  • Suejlyn
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08 Aug 24 #523701 by Suejlyn
Topic started by Suejlyn
Hello - I am new to this site and would really welcome some advice.
I have been divorced some 20 years and part of my Consent Order was to have the house transferred into my name via land Registry by my ex. I only recently discovered this has not been done when I decided to sell the house. I have contacted, written to and visited my ex with a view to having documnets signed but he refuses. I now need to file a D11 in court I believe to have the original consent order enforced. D11 says I need to draft an Order out but I am not sure what to write as I just need the Land Registry documents signing. Any help with the completion of D11 would be really welcome. Thank you

  • hadenoughnow
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10 Aug 24 #523703 by hadenoughnow
Reply from hadenoughnow
Hmm. It would have been your responsibility to get the paperwork prepared for your ex to sign at the time and to pay the legal costs unless the Order specifically stated otherwise.
If you are seeking to have an existing order enforced you don't need to draft an order.You may want to ask for a deadline for him to comply - say 28 days - and for the court to order that a 3rd party (usually conveyancing solicitor) or the court can sign paperwork.
Is he still on the mortgage?
One issue you may have is potential capital gains tax for him as you are divorced. You would need to find out about that.


Hadenoughnow

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10 Aug 24 #523705 by Suejlyn
Reply from Suejlyn
Thank you for your help. There is no mortgage and he loves elsewhere and had remarried some 10 years ago. I just need to deal with the transfer in to my name.

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