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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My estrange husband was given a court order to pay £45000

Customer Question

My estrange husband was given a court order to pay £45000 lumpsum to me by 4th April 2014 during the final hearing of 4 February 2014. After making the payment I should transfer my interest on one of the matrimonial properties*****to him . This matrimonial property is currently being used by me solely for letting and contributes to my self employment income through the rental income I earned from it. He was asked to make this payment because he claimed he need someone to live and that this property is in joint name. I was the sole contributor to the purchase of the property and I am self employed and use the property to earn income. In addition the former matrimonial home 24 Brook Lane should be transferred to me and his interest in it should be transferred to me after I have received my £45000 and transfer*****to him . The third investment property abroad in West Africa which is in his sole name should remain with him only if he pays the lumpsum of £45000 by 4th April 2014. My estrange husband breached the order and did not pay the lumpsum. He had told the court he is 58year old and can get part of his pensions lumpsum to pay me. He was not able to get the money as his local authority pensions scheme does not allow him to draw down part of his pensions until he is 65 years. I then applied for enforcement of the court order for the £45000 to be paid to me in July and at the hearing of 8 October 2014, an order for the sale of the property abroad (that is in his sole name) was made. The order states I should lead the sale and ensure I get my lumpsum of £45000 plus interest of £3000 from the proceeds of the sale and pay him the rest of the funds after all expenses and taxes are paid. The Judge set out the order that he should provide me with a set of keys to the property immediately for the property abroad to be sold and recover my lumpsum. The property abroad is matrimonial asset in sole name (his name) and the UK properties are also matrimonial assets in joint names. My estrange husband has refused to hand the keys to allow me to sell the property abroad and recover my monies. As a result I cannot sell the property. He also did not pass on the documents relating to the property to me - insurance document, up to date land registry certificates etc as set out in the court order. He told the Judge on the 8 October the property was vacated and ready for sale and consented with the sale of the property abroad. After the court orders were made, he told me that the property was not vacated and tenants were still occupying the property. He told me that the tenants belongings are still in the property and contrary to what he told the judge the tenants have legal rights to be at the property up to 31st October 2014. The Judge on the other had given me an order to sell the property by 19 November 2014 on the understanding the property is vacated and available for immediate sale. To date I have no keys and document to the property. I need to know how to get this court order of 8 October enforced. I want to ask that the court issue penal notice on him which if breached will send him to prison as I will enforce it. I also want to get the court to force the transfer of the property*****to me in return for my £48000 which he now owes me as the equity on the property is £45000 and the property is being used solely by me for business (as I am self employed) and unless we resolve this matter I am unable to get my divorce and live independent of him. Can you please advise me what action I should now take to enforce payment of my lumpsum and get my divorce. Can I get the court to sieize the asset that he has interest in in the UK -*****and transfer it over to me in sole name. Please advice.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which country is the foreign property in?
Which court made the order?
Clare
Customer: replied 2 years ago.

The property is in Sierra Leone in West Africa. Dartford County Court made the order

Expert:  Clare replied 2 years ago.
Hi
How much is the UK property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Sorry Claire the issue is not about valuation. The court has mad the decision that he pays me the £45000 before I transfer the property to him and that the property in Sierra Leone be sold to get me the cash. I do think if I go into issues of valuation you will be confused and we will lose the essence of the advise I need. This is because all sorts of assets were valued - pensions, my business, matrimonial debts and business debts before the decision was made. what I need to know is this;

What actions can I take now that he has breached the second court order which was specifically instructed to ensure I get my £45000 and interest due on it and get my divorce to put this saga behind me. The matter is not about valuation or dispute over valuation of assets.

Customer: replied 2 years ago.

Please can you respond to the request. All I need to know is how do I now get the court to enforce the order. The property I am to transfer to him has equity of £45000 after deducting mortgage. I want to get the court to transfer it to me against what he owes me and he can then keep the property that is abroad .

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
You have given me the information that I needed regarding the price.
Can you get your ex released from that mortgage?
Clare
Customer: replied 2 years ago.

I can in four years time when my credit rate is healthy. What happened, I am self employed. We use to live in *****and in 2005 the property started having subsidence. This continued up to 2008 when the insurers finally fixed all the cracks and did underpinning. Then in 2009, when he suggested we move to another property we were unable to sell*****and so I took my business funds of nearly £30000 invested in the property for income creation and pensions but left the property in joint name and that was how we were able to move to the matrimonial home that I live in and the court has ordered I keep it. This business fund was invested in*****in 2009 to create income for myself as my training income reduced due to recession and I let out the property as the sole landlord room by room, furnished and managed it. In fact one of the room was used as outside storage and another as my personal office. So the property to date is under my sole control as that is how things were arranged from 2009. I also had other investments which were all stopped when my Ex and I had lots of challenges after the move and I became ill and could not work due to the pressure and then defaulted on loans. That is how my credit rate became damaged in 2012 and because my funds where now tied on*****that even made matters worst because I had no access to the cash when he stopped paying the mortgage and moved out of the matrimonial home. The court factored this situation in its decision as well as the fact that it was my money that I used to buy the house in 1995 three years after we married and in that time he was a student. I also contributed 50% to build the house in Sierra Leone but the land was a gift from his grand father (worth $1000 at the time and now $10000). The lumpsum of £45000 should be paid to me as I showed evidence that it is business funds and moreover all my business liabilities were excluded and I am using the rents income to pay off business liabilities.

Halifax has told me I cannot get him off the mortgage until my credit rating is good even though I am the one paying the mortgage for Commonwealth Way from the rents I collect. I am the one managing it and I have been doing so since 2009. I am also the only one paying the mortgage for the former matrimonial home where I live. He stopped paying mortgage in October 2012 when he moved out.

So that is the complexity of the matter.

Customer: replied 2 years ago.

One more thing I should had, all the equity from***** was used as deposit for the former matrimonial home where I live and that is why the Judge determine that I keep the house and he gets Commonwealth Way only after he pays the £45000 plus interest. He also told the judge that he need a stable home for he and my daughter who was minor in education and that is the reason for the transfer of the house to him. But my daughter turns 18 year on the 22 November 2014 and so I need to know if he continues to fail to pay the money, how do I get my funds or resolve this issue and get my divorce.

Expert:  Clare replied 2 years ago.
Hi
Thank you
For clarity.
You do NOT wish to force the sale of the foreign property - you wish to have the Uk property instead.
Your ex is NOT living in the UK property
Is that correct?
Clare
Customer: replied 2 years ago.

Yes. You are right. But the Judge order that the property is sold in Freetown and that he pays the cash from that property sale so that he gets a property in the UK. However, whilst that is not more preference that is what I have to work with. My Ex on the other hand is not delaying the sale of the property abroad . I now need to find a way to bring this to an end. My Ex is renting a property and I live in the matrimonial property and I manage the property*****and keep the rent monies as it is part of my income .

Customer: replied 2 years ago.

Sorry Freetown is the capital of Sierra Leone where the property is. I thought I should make this clear.

Customer: replied 2 years ago.

Sorry for the typo. Yes. You are right. But the Judge ordered that the property is sold in Freetown and that he pays the cash from that property sale so that he gets a property in the UK. However, whilst that is not my preference that is what I have to work with. My Ex on the other hand is now delaying the sale of the property abroad . I now need to find a way to bring this to an end and get my divorce. My Ex is renting a property and does not live in any of the UK property. I live in the matrimonial property and I manage the property*****and keep the rent monies as it is part of my business income from which I pay part of my business debts excluded from the division of asset computation.

Expert:  Clare replied 2 years ago.
Hi
Is the property actually now being marketed?
Clare
Customer: replied 2 years ago.

No he has not given me the keys. He refused to hand the keys over. He also refused to hand the papers the court asked him to hand over to me to sell the property. To put it bluntly, he does not want the property sold and he is not complying with the court orders. He told the Judge the property is vacant and ready for sale and said this under oath. Then after the hearing, he sent me an email stating the property is not vacated and that the tenants are living there up to the 31st October and he cannot give me the keys. Then after 31st October he is still making up more stories.

Customer: replied 2 years ago.

Any update

Expert:  Clare replied 2 years ago.
Hi
Just for clarity - if he dis give you the keys could you actually sell the property given that it is in his sole name?
Clare
Customer: replied 2 years ago.

Provided he gives me all the papers the court orders him to hand me as well as authorisation letter consenting to the sale of the property, which the court orders him to do then YES I can sell it. He has not given the written authority letter in the way the court asked him, he did not provide the documentation of the registered land and property in Sierra Leone in his sole name as the court asked him, he did not provide the keys and so that the position now. If he does provide all the document then yes it can be sold as part of the court order is he gave consent for the court to sign on his behalf if he refuses to sign the final papers for the sale.

Expert:  Clare replied 2 years ago.
Hi
But would that permission be recognised and acceptable in Sierra Leone
Clare
Customer: replied 2 years ago.

Not sure, I need to get all the papers to the solicitors in Freetown for review and then they will tell me, whether it is sufficient or not. Right now I have not got all the papers requested of him. If the solicitors say that the document is not sufficient, my take is to get the court to order my Ex to register the property in joint name first and give specific date by which this is to be done. If if fails to do so then the Commonwealth property is transferred to me in sole name. If he does so then I will be able to sell the property because it will be in joint name and I can get the court to order the exact wording of his authority letter he needs to write and sign following guidance from the solicitors in Freetown. Until I get papers from him I cannot progress with the sale. I believe this is the best option because if the property is in joint name his position is severely weakened in terms of derailing the sale of the property as I can sign all the documents and get the court to sign on his behalf as he has given the court consent to do so.

Customer: replied 2 years ago.

Or better still. I can request that the court orders him to transfer the property in Freetown to me in sole name to allow me to progress with the sale. That should even be better.

Expert:  Clare replied 2 years ago.
Hi
Would it not be better to ask the court to give you the UK property instead
Clare
Customer: replied 2 years ago.

Yes but I believe this will be done after my Ex refuse to allow the sale and that is what I am thinking will happen.

I want to ask the court to get my Ex to transfer the property abroad in my sole name for the purpose of selling it and that it must be done at within one month, if he fails to comply with the order releasing the papers etc. I am sure he will fail to do so. IF he does, then I can sell the property easily. If he fails to do so, then I need you to advise me what I need to do to enforce the payment asking for the UK property to be transferred to me.What form do I need to complete.

Also I need to know how I can now go back to the court to report his failure to comply with the court orders in October. Is there a special form I need to complete. I am going on holidays in two weeks time I need to do something about this before I leave. Thanks

Expert:  Clare replied 2 years ago.
Hi
You really need to decide which option you prefer first - selling the foreign property or having the Uk property - it is important in terms of achieving what you want
Clare
Customer: replied 2 years ago.

What I want is to keep the UK property. But if the Judge insist on it being transferred as that is the court order I will go with it and then insist on selling the house.

Please can you let me know how to inform the court that this order to sell the house in Freetown is now breached. Personally, I can always use the money as a deposit to buy another house in the next four years. So it really does not bother me one way or the other. I simply want to get the matter of the court order that has been breached sorted and need to know what to do next and how the court is to be informed.

Expert:  Clare replied 2 years ago.
Hi
Would it be possible for you to get a letter from Sierra Leone confirming that you are not able to sell the property as it is in his name
Clare
Customer: replied 2 years ago.

Hmm will be able to do so. But after I have done so, how do I contact the court again to report the breach and the problem. Please let me know the process as that is what I need to know now. Please can you tell me the process to follow as I need to get this done by end of next week.

Expert:  Clare replied 2 years ago.
Hi
Once you have that letter you need to apply to the court to vary the Order on the basis that your ex has breached the terms of the original order and without his co-operation YOU cannot sell the foreign property.
Whilst this would usually be done using a Form A
As a starting point on this occasion use a Form D11
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

I need to get you to help with this matter as you have prior knowledge of my situation and I will pay for the service. Please can you tell me if I can file for financial damages cause by my husband due to breaches of court orders and using false evidence to mislead the court causing delays in the implementation of wrong orders. I am now of the view that he has systematically be using false evidence in court to mislead judges to make wrong court orders that he knows cannot be implemented. On 4 February 2014 when the final hearing judgement was made, he represented that he can pay the lumpsum of £45000 from pensions of his as he is over 55 years. Then I discovered it was a lie, his pensions scheme does not allow him to do so. Then when his application to vary the court orders was dismissed and he was asked to go raise the funds from the property abroad he openly told me at the car park during the hearing he wont do it and he will find ways to add the debts on the property I currently do my business that is to be transferred to him after he pays the £45000. Since then he made various attempt to coerce me to sign up to arrangement lying he is able to raise mortgage finance using the property that has not been transferred to him yet between the period May 2014 - September 2014. When asked to provide the evidence he did not. Meanwhile at the final hearing 4 February 2014 he had taken an oath and made a statement that he has bad credit rating with lots of credit card debts and have need for the property because he is unable to raise mortgage finance as he is nearing retirement age. This representation was accepted but was quickly changed by him outside the court directly to me when he was now trying to get me to agree to sign up a new arrangement for him to raise debts on the property with a mortgage deal he has arranged, details of which he has not revealed.

During the hearing of 8 October 2014 he made this same statement stating he has mortgage offer under oath which is less than six months of him presenting to the same court under oath he was unable to raise mortgage. I challenged it as he has made threats to financially damage me and that he will put debts on the property, run off with the monies and leave it to be repossessed and not pay me. The Judge then ordered the sale of the property abroad. Immediately after the hearing of 8 October 2014, he also sent email about his offer for me to accept as a quick way to get my money and that I should transfer the property to him and he raises the finance on it as he has mortgage offer and is able to do so. When asked for the evidence he refused. He then went on to tell me he has a partner he intends to live with but on his Form E he never disclosed he had a partner. Moreover, I am left thinking the mortgage offer letter is probably jointly with the new partner or solely the new partner and worst it does not exist, which will show intent to defraud. I have declined his offer and he continued putting pressure on me to accept this offer whilst breaching the court orders of 8 October 2014 up to 25 December 2014. I feel this is a criminal offence to coerce someone to sign up to a bad deal intended to defraud them. I have asked for the mortgage offer papers and still not given it.

Also he lied to the Judge on 8 October 2014 that the property abroad that I am given authority to sell was vacant and can be sold immediately as the tenants have left. I found it was not vacant immediately after the order was made three days later when he failed to deliver the keys and was followed up and was now telling me tenants were still occupying it and the judgement was made to sell it in five weeks which is impossible given that the tenants are legally entitled to be there. He falsely misrepresented the situation knowingly under oath and allowed the Judge to make court orders on timeline that cannot be achieved. He also have breached all the court orders and still preventing me to sell the property abroad to recover my money whilst simultaneously coercing me to agree to his offer with no evidence of mortgage offer letter.

I have been unable to access my funds to buy a new property and expand my business operations whilst all this has been happening because I am self employed using the property for business. I have lost income on a monthly basis, as I cannot start new operations on the property with the impending transfer and I cannot sign contract for grant to do the property up for use of business activities with the council as I have to wait for my funds to buy a new property. This is £15000 grant monies being put at risk due to his misconduct deliberately misleading the court to drag the matter further to continue his coercion. I now need to claim for the financial loss whilst at the same time apply for the variation of the court orders. I want to know whether I can claim financial damages on what grounds and the form to complete to make the claim. I also want to get the court to order a copy of the mortgage offer letter he said he has, with a penal notice and which he has been using to inflict delays, breaches and coerce me. I want to know how to press criminal charges against him and whether I should report this to the police to investigate. Please let me know how to proceed with this.

Expert:  Clare replied 1 year ago.
Hi
There are no Criminal Charges that can be brought.
However within the application that you make to the court you can certainly bring the history to the attention of the Judge and ask that you are awarded costs and interest and possibly a Compensation award
Clare
Customer: replied 1 year ago.

Thanks.

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