Clause in divorce final order

[peekaboob]

When my divorce was finalised equity in the home was split 70/30. After the decree I reminded him at least twice that his solicitor needs to sort out the deeds so they are in my sole name. It hasn't happened.
Reading the first clause in the document would you interpret it that as he hasn't enacted his transfer of deeds I wouldn't owe him the 30% when the house is sold?

No. You’re responsible for the transfer in to your name. The Respondent is responsible for drawing up the legal charge. Assuming you were responsible also for sorting out the mortgage, until you’ve done your stuff the Respondent can’t do theirs.

You still owe them 30%.

@Collaborate I see his, the respondent, action needs to happen first. Is that not how you see it?
Decree absolute
Respondent transfers his portion of deed
Applicant (me) puts charge into place which will secure his 30% payment.

As I read it I'm giving him 30% on the condition the house is solely in my name.

His solicitor is responsible for the transfer.

No. Absolutely not. You want to have a perfect title. Therefore your solicitor prepares the deed of transfer. You also need to sort out your new mortgage. How on earth could that be his job? Your mortgage lender will insist on it. This is basic stuff. Get it done.

He is responsible for preparing his legal charge.

So at the moment he has 50% not 30%. Don’t you want that changed?

We're both staying on the mortgage, that isn't changing as I'm not eligible for a sole mortgage.
It was agreed in court that his solicitor would handle the transfer, which hasn't happened.
My solicitor has left the practice that represented me.
We divorced 3 years ago, I just happened to be tidying away and reread the document.
I'm in a position where I may be selling my house so if there's a loophole whereby I don't have to pay any equity then I'd like to find it
Think I'll find another solicitor and ask them to check the document.

I would get it checked is the house solely in your name? Did you need a valuation at the time or is it done when the transfer happens? My mom screwed my dad out of his 33% by letting the house get run down she then valued it and bought him out she still remains in the property and has massively increased the value

@slipperywhensparticus no, the house is not solely in my name, I'm certain his solicitor has not done this as I am liable for 70% of the cost of the transfer.
Therefore I can assume that the charge has not been placed in the property and I am not liable to give him 30% as his "payment".

If I'm honest, surely the default position would be that you owe him 50% as the house is still in joint names?

It's in your best interests to have got the transfer done as 30% is a lot lower.

I can see no reason why you would not have to pay him anything.

"Therefore I can assume that the charge has not been placed in the property and I am not liable to give him 30% as his "payment"."

But would it not follow that if the transfer hasn't happened and he still jointly owns the property, you would have to give him 50%? It's not 30% or nothing, surely it's 50% or 30% if transfer taken place.

I’m a family lawyer and would read that as saying his solicitors will do the transfer and arrange the charge. Wouldn’t make sense for two sets of solicitors to get involved as more expensive for no reason. I think you should contact his solicitors and say that you want them to carry out what they were meant to do under the order and effect the transfer and register the charge. I don’t really understand why they didn’t do it at the time. The costs shouldn’t be very much. Will save any mess if you are trying to sell.