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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 tried to pay advise but could not make payment

Customer Question

I have now submitted an application for variation to court orders as my ex refused to allow me to sell the property abroad to pay the lumpsum due to me and I need the property I was to give him for business. I was going to use the lumpsum to buy another property. As he has not complied with court orders and sabotage the sale refusing to sign papers etc, I am sure the property with equity of £44000 that I was to transfer to him in return for cash of £45000 will be transferred to me. I now need to know the process of getting the UK properties transfer to me after the next hearing and time line. I called land registry office today and they told me that I need to submit Form AP1, TR1 and Form ID1 for both my ex and myself. Is this correct. The properties (2) are in joint name and all that needs to happen is he transfers all his legal interest in them to me. What happens if he refuses to transfer his legal interest in them to me. Can the court sign the papers on his behalf and if so what forms will I need to send to the court and Land Registry.

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The Land Registry has given you the correct information.
As part of the application you are making you can ask the court to make an Order that if your ex has not signed the paperwork within 30 days then the Judge does so
he will be signing in place of your ex so the forms remain the same - but the ID1 for your ex is replaced by a copy of the Court Order
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Just one more thing, in regards ***** ***** for a review of my claims for my share of rents from our property abroad, what options are available to me to recover my money when a judgment is made for my ex to pay my share. I can only claim it on his future lumpsum pensions as he has no asset in sole name in the UK. I have been told I can apply for garnishing order on his pensions lumpsum and pension payment as our financial is a clean break order. How do I go about getting garnishing order. Are there any other options for claiming for payment of my rent monies on his pensions lumpsum and still have my clean break order. In short, the judgement for payment is enforced without jeopardising clean break order. Do let me know please.

Expert:  Clare replied 1 year ago.
Hi
How much does he owe you?
Clare
Customer: replied 1 year ago.

Well, the rent money is £36000 I am claiming as it is a total of £72000 for six years £12000 x 6. The funds are in the accounts abroad and the former tenants have said they will release the full payment made if I get a court order. I am awaiting the court. Also I am claiming compensation for loss income caused last year due to his failure to pay me my funds on time and due to his breaches of all three court orders. I was offered £15000 grants in November 2014 and as he did not allow me to sell the property abroad to get my funds to buy another property which the grant related to, I have lost that too. The grant application date is now closed. So we are talking £30000 minimum and maximum £60000 if all my claims for losses created last year go through successfully.

Expert:  Clare replied 1 year ago.
Hi
Sorry - I thought the order was made in February last year?
Clare
Customer: replied 1 year ago.

If you recall, the order for £45000 has not been paid and I have now submitted a variation to the court orders for the property I was to transfer to him upon payment of this lumpsum to be transfered to me due to his breach of court orders 4 February 2014 and 8 October 2014 - refusal to allow me to sell the property abroad.

You will also recall the event of rent monies not included in the division of asset as a result of his false representation of rent monies. I have applied for permission to appeal out of time for that and it is this I am asking question about. What I need to know is options for recovering my rent monies when an order is made. Hope this is clear.

Expert:  Clare replied 1 year ago.
Hi
At this stage there is little point in considering that issue as it will depend on what order is made and when.
You do have a great many hurdles to cross first and at this stage pondering enforcement is not an effective use of your time
Clare
Customer: replied 1 year ago.

Hello Clare

I have one quick question to ask. As part of my application to appeal out of time and permission to appeal, I received a court order to obtain the judgement tape for the final hearing and get it transcribed and send to the circuit judge with my application for permission to appeal out of time. I have now obtained the tape and got it transcribed. The transcription has been sent to the Judge for approval and I have just heard words with the court that the Judge that is to approve the transcribed judgement is not in court and the court clerk or staff will send the transcribed judgement to him by email today for his approval. As the deadline me to file this transcribed judgement to the court is 4pm by 17 February 2014, what should I do if I do not get it by Monday for me to meet this deadline. Is there a process to follow to ensure the Circuit Judge knows the delays were nothing to do with me but their court. Do let me know. As I have seen way too many shambles in this court. Thanks.

Expert:  Clare replied 1 year ago.
HI
I suggest that you get the court to confirm the position via email and forward that onwards
Clare
Customer: replied 1 year ago.

Thanks what do you mean by forward that onwards. Do you mean send you the response from the court.

Expert:  Clare replied 1 year ago.
Hi
My apologies.
Get the confirmation from the court dealing with the transcripts and forward it to the court dealing with the appeal
Clare
Customer: replied 1 year ago.

Thanks. It is the same court. The order was made by the Circuit Judge Polden sitting at the family court at Dartford Court House, Home Gardens, Dartford, Kent DA1 1DX.

The order state - The appeallant to by 4pm 17 Feb 2015 obtain and fie a transcript of the judgement of Deputy Judge Philips dated 4 Feb 2014.

On the filing of the transcript or on the 18th February 2015 whichever is the earlier, the file is to be placed back before a Circuit Judge in a box to consider permission to appeal out of time should be granted.

Since the Dartford County Court now has the transcript and it is for them to get the Judge to approve it, what should I do if they do not get this done on time for the circuit Judge. That is the issue I need clarification on as their administration is awful and lots of errors with lot of bad feedback given by people who have dealt with the court. I just need to protect myself against the risk of their mistakes again.

Expert:  Clare replied 1 year ago.
Hi
Simply email and ask them to confirm that the Circuit Judge will be made aware that the delay is at their end and not yours
Clare
Customer: replied 1 year ago.

Thanks. I have done so and I have sent them a letter today.

Expert:  Clare replied 1 year ago.
Hi
Well done
Clare

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