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Experience of court application for transferring Deed from joint to sole name - ex won't sign TR1(9 Posts)
Does anyone have experience of doing this?
Separated from exH due to DV, had occupation order so he left property. Went through divorce and got a consent order which agreed his lump sum payment to cover 40% of house equity (2 kids living with me in former matrimonial home). Court approved the consent order but before I paid the lump sum he was made bankrupt (he was made bankrupt rather than applied for it)
Official receiver informed me that consent order financial agreement needs relooking at as they want half of everything as bankruptcy happened within two years of consent order. I disclosed all financial stuff to them, they have house revalued etc and agree a price for me to purchase his half from them. I paid them the lump sum and they write to confirm that this is in full and final settlement of their/his interest. In the meantime exH refuses to respond to their letters/calls and they decide not to pursue this with him as cost isn't worth it (he has no other assets)
The bank have approved a new mortgage in my sole name but can't take any further action until he signs the paperwork. He is refusing to do this.
I have a signed consent order, confirmation of new mortgage, confirmation that I have paid his interest in full and final settlement but have now been told by the conveyancing solicitor dealing with the mortgage/deed transfer that I need to appoint a family solicitor to apply to court to have them order his name to be removed. Both the conveyancing solicitor and the solicitor working on behalf of the official receiver have said its a 'straightforward application as all the paperwork evidences that it needs to happen' but when I went to a local solicitors they want £500 upfront.
I've paid solicitors for the injunctions, divorce, consent order etc and really fed up now, does anyone know if the application is just a form I can fill out myself and send to court?
I've got copies of everything and fed up that we've got this far and now I might be hit with more legal fees
Hmmm I'd be inclined to call the court office and ask if they can get you in for a "mention". This is an informal appointment usually reserved for solicitors who have hit some sort of technical glitch that doesn't need an actual appointment.
Alternatively you could write a clear and succinct letter to the court office enclosing all relevant correspondence etc and ask that it be placed in the judge's signing box.
Worst case scenario is they say they wont' deal with it informally like that and you have to file a formal application. A lot depends on how busy the judge is on the day and whether they feel like helping.
Make sure you don't still have solicitors on the record on the court files though otherwise they won't entertain anything from you.
Thank you for your response.
I've phoned the court today and they said this wouldn't be suitable for dealing with via a 'mention'
The advisor at the local court stated that I would need to make a formal application if I want a judge to sign anything and couldn't advise me what form I needed to use - the suggestion was to appoint a solicitor to make the application.
If I could find the paperwork I'd try and do it myself, I'm so fed up of my exH's refusal to engage resulting in me paying additional fees
What paperwork are you on about. Is it something the bank has sent him, or is it a deed of transfer?
If the latter, he can't sign the deed of transfer because it's no longer his to sell. It's for the trustee to sell.
If the former, issue the application mentioned by mumblechum.
Sorry I meant I'd self represent to make the application rather than appoint another solicitor. I've got the tr1 which the conveyancers have produced plus the sealed consent order and the letter from the trustee confirming it's paid.
I've paid the trustee who has confirmed that I've purchased this in full and final satisfaction of his beneficial interest in the property. They can't sign the TR1 as the property was jointly owned so only the beneficial interest transfers to the trustee and the legal interest remains with him.
I think the application I need to make is using form D11 so I'm going to research it and if I feel confident make the application myself.
That's the right form. You'll find that the judge will sign the TR1 when making the order.
Make sure that you include your draft order (get your conveyancing solicitor to tell you what form of order they'll need - usually that a named judge has the authority to sign the TR1 on behalf of your ex), and there is no reason why this shouldn't be dealt with on the paperwork.
You'll have to serve the ex and the trustee. Also make sure the original TR1 is in court for the judge to sign. In para 10 put brief details of the engagement the conveyancer has had with your ex, and attach a copy of the order and the evidence the trustee has been paid and has relinquished their interest.
Collaborate when you say 'include the draft order' do you mean the consent order? Or a new document stating that the judge has signed on his behalf? And do I have to pay to have a process server deliver them to the trustee and ex?
By draft order I mean the order that you'll be asking the judge to make - the one that says that X [named judge] has authority to sign the TR1 on behalf of your ex. Your conveyancer needs to be happy that it's one that the LR will accept in order for the title to be transferred.
I wrote a warning letter requesting he sign the TR1 by end December but he's ignored it (sent recorded post). I've got loads of evidence from the solicitors where he'd agreed to go in and do it then not showed so not going to have baliff service as there is plenty of evidence that he is aware of the need to sign and just being deliberately non compliant.
I'm ok with the section 10 as there's a clear trail of consent order/divorce/satisfaction to trustee/him refusing to comply with anything.
My questions are:
1. On the D11 am I classed as the 'Petitioner' or the 'Applicant'? (I made the divorce application self representing, a solicitor did the consent order on my behalf which he had signed)
2. For fees is this classed as a 'with notice' or 'without notice' application?
3. Should I list the Trustee in section 9 (who should be served)?
They have discharged him from bankruptcy now and written to me confirming I have satisfied his financial interest in the property and any action to remove him from the legal title is my responsibility.
Thanks in advance
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