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Please help- my brother is withholding his wife's divorce settlement! :(

(3 Posts)
FetchezLaVache Tue 31-May-16 11:13:59

My narc brother and his lovely wife split up and the court awarded her a settlement of £XX, on the understanding that NB would raise the money by selling one of his rental properties (he has three, and DSIL has registered a note of interest in all three of them). He sold the house a few months ago and claims the money is waiting in his solicitor's account until DSIL removes the notes of interest on the other two houses. The court order just stipulates that the money be paid across as soon as it's cleared, says nowt about notes of interest or any other conditions. DSIL's solicitor wrote to him a month ago and suggested that his solicitor pay the money to her, then she would remove the NOIs and then transfer money to DSIL. His solicitors have ignored this and her solicitor has only just chased them up.

DSIL has put in an offer on a house on the basis of a verbal understanding from NB that the house was sold and she would be getting her settlement soon. She's renting at the moment and the LL told her he was putting the house on the market, so she really can't afford for her house sale to fall through! Does she have a legal remedy? Can my brother be forced to give her the money in accordance with the court order? I assume he can, but I just wondered if anyone knew or has experienced similar...

babybarrister Wed 01-Jun-16 20:12:49

she needs to get proper advice - impossible to advise on internet without seeing court order - I cannot imagine that the order leaves it open to him as to when/if to pay ....

MarlowWills1 Thu 02-Jun-16 17:50:40

iirc, in the absence of anything to the contrary, S44 (S45??) of the CPR applies which states that all payments must be made within 4 weeks of the order.

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