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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I agreed a settlement with my wifes lawyers at court re the

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I agreed a settlement with my wifes lawyers at court re the division of assets. I agreed for the sake of the kids to let her have the investment property and to assign it to her in full. I filled in all forms and the court ratified it. That was my side of things. its mortgaged as her lawyers are trying to get it solely in her name, whether they can or not is not my issue. I signed everything and complied with all requests, and the court stamped the deal.
As part of that deal I was to get 80k on NISI. Within 14 days of NISI I am to be paid 80k
However its over a month since NISI and she has paid the monies into the solicitors account but they are refusing to pay me
They argue that the mortgage co has not agreed to allow it in her sole name yet. HOWEVER, my deal was not based upon this term, it was based upon me agreeing to relinquish all rights and sign all forms and upon NISI I get the 80k
They wont pay me. Im going mad as i really needed the funds
Now, its a criminal offence not to pay me I believe
What do you advise? I have written, and called and threatened to call the mortgage co to relinquish my agreement but to no avail
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.
What is the exact wording of the Court Order relating to the property?
Clare
Customer: replied 2 years ago.

by consent and with effect from decree absolute it is hereby ordered thay:

1.the applicant shall pay to the respondent a lump sum of 80,000 to be paid to respondent within 14 days of the court pronouncing the decree absolute.

2. the respondent shall transfer to the applicant upon payment of teh lump sum referred to in para 1 above all of his legal estate and beneficial interest with full title guarantee i the freehold property known as xxxxxxxxx registered at the land registry under title xxxxx subject to the mortgage secured theron in favour of the bank of scotland.

3 is irrelant stuff

4. upon completion of transfer of nutfield, as provided for para 2 of tgis order and payment of the lump sum in para 1 of this order and compliance by the applicant with her undertakings to the court as provided by rectals xxxx neither party shall be entitled to make ant aplication to the court etc...save to replicate any unimplemented terms of te above order

SO, I filled in all the documentation to her solicitors, transfer docs and any other docs they wanted signing, she sent the mone to them and they say that the mortgage co have no agreed to transfer the name yet so they cannot pay me

HOWEVER, earlier in the agreement there is a clause which we agreed to as i want to be off the mortgage which roughly states as follows

IF the mortgage co do not agree to transfer into her name solely by 31/12/16 she will have to sell the property by 31/9/16 (so i can be of the mortgage etc...)

so, even if she cannot get them to agree a sole name it should make no difference to paying me either way, so why will they not pay me?

Is an option to go back to court as per the terms mentioned above in point 4 ??

Paul

Expert:  Clare replied 2 years ago.
HI
When was the Decree Absolute and how was your ex going to raise the money?
Clare
Customer: replied 2 years ago.

DA was 5 weeks ago and she has borrowed the funds from family, and has deposited them into her solicitors account already

Expert:  Clare replied 2 years ago.
Hi
Have the Solicitors confirmed in writing that they have been instructed NOT to pay you?
Clare
Customer: replied 2 years ago.

no, they have instructed TO pay me ! my ex called them and emailed them to pay me but they are refusing, saying the property is not in her name and so they can't pay BUT that's not the terms of the contract, the terms are 15 days from absolute, (whether its in her name or not !!)

So, its her solicitor being awkward and obstructing paying me. so what do I do? issue legal proceeding s against the law firm? issue county court small claim against them? or go back to court? whih could take months...

Customer: replied 2 years ago.

no, they have instructed TO pay me ! my ex called them and emailed them to pay me but they are refusing, saying the property is not in her name and so they can't pay BUT that's not the terms of the contract, the terms are 15 days from absolute, (whether its in her name or not !!)

So, its her solicitor being awkward and obstructing paying me.

Customer: replied 2 years ago.

no, they have instructed TO pay me ! my ex called them and emailed them to pay me but they are refusing, saying the property is not in her name and so they can't pay BUT that's not the terms of the contract, the terms are 15 days from adsolute, (whether its in her name or not !!)

So, its her solicitor being awkward and obstructing paying me.

Expert:  Clare replied 2 years ago.
Hi
May I ask - have the Solicitors said that in writing to YOU?
Clare
Customer: replied 2 years ago.

yes on an email, saying that the trouble is the mortagge co are draggig their feet and therefore we cannot pay you yet. BUT there is a provision for that situation, being in 12 months time they notify me and 9 months later a sold house, so they cannot use taht excuse

Expert:  Clare replied 2 years ago.
Hi
Again just to check - the Order you have quoted above has a Court seal on it?
Clare
Customer: replied 2 years ago.

yes, it was sent to me from the court

Expert:  Clare replied 2 years ago.
Hi
Then I suggest that you write to her solicitors and point out that the payment is NOT dependent on you being released from the mortgage - and indeed neither is the Transfer of the property - whether or not it can be Registered at the Land Registry.
Tell them that if payment is not made within 14 days you will apply to the Court to enforce the Order and will claim costs and interest from your ex - who will no doubt claim it from them since she has instructed them to make the payment
If payment is not made then you can apply to enforce the Order using a form D11 available here
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
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