Court forms help please 🙏🏼

[Hlw1711]

Hi all. Really need some advice if possible for a friend. Her and her ex husband 50/50 own the plot to their late daughter who passed away as a baby 30+ years ago. Due to issues from her ex she had never been able to put a headstone on the grave. She has now ordered a headstone but her ex husband is refusing to give his permission. She now needs to apply to the courts but we do not know what court form we need. Would be very grateful for any help.
Thank you

As a divorce lawyer, there is no form she can complete save for an application for financial remedy, which she cannot issue if there is already a final financial remedy order, or if she has remarried AND she was the respondent in the divorce.

I suspect there's very few on this site who know the law relating to ownership of burial plots. Her best bet would be to examine the terms of their ownership. There must be something written down somewhere.

Is this in the UK? There is no court form to fill in as far as I am aware. When you purchase a burial plot you are given a Deed of Grant. Only the person whose name is on that Deed of Grant has the legal right to install a headstone on that grave. I'm surprised your friend was able to order a headstone as the stonemason will normally ask for proof of grave ownership before starting work. Your friend might be able to obtain a copy of the Deed from the cemetery. If she is listed on the Deed she can install a headstone.

Yea UK. She is on the deed of grant but so is her ex husband. So because he is also on it they need his permission too but he won’t sign the paperwork to agree to place the headstone. He’s a narcissist and this is the last bit of control he has over her

If he is going to fight this it honestly won't be worth the huge amount of time or money it will cost after all this time, and he will get enormous satisfaction from any dispute. If it was me, i would be looking to spend the money on creating a memorial elsewhere, or pay to have a memorial plaque put up in the same cemetery. Maybe even look into exhuming the grave and moving to a different location (or cremating) - she can apply for a license to do this and the diocese might grant permission if she explains the situation.

If she spends all the money, takes him to court and gets to put up her gravestone against his will I would expect to find it mysteriously vandalised or destroyed within no time.