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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2782
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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If a divorce court order has deliberately not been complied

Resolved Question:

If a divorce court order has deliberately not been complied with and subsequently one party dies does the court orde still stand?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Just a bit more information required to answer your question: 1. You are in England or Wales2. What the order states
Customer: replied 1 year ago.
1. I live in England
2. As briefly as I can : the court order stated that I paid for the conveyance of our rental property into my sole name. Which I complied with.
My husband was to pay me £500,000 cash which he did.
He was to pay me a balance of £80,000 which he DID NOT
At his expense he was to arrange to transfer our marital home into his sole name ( he changed the ownership from joint tenants to tenants in common prior to the divorce). He refused to do the transfer saying that he didn't want to incur further legal expense so legally I still own 50% of the house, then sadly he died. The house is being sold now and I want to know if I am entitled to half the proceeds of the house or just the £80,000+ interest .
Expert:  Harris replied 1 year ago.
Thank you.As long as the settlement was made by the court in a court order and has been finalised, or the settlement was made by consent between you and approved by the court, then it is binding and you will be entitled to the proceeds you have stated.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
What I am saying is that the court order was deliberately not complied with by my ex husband and therefore not finalised . I have never been asked to sign over my half of the house. As far as the land registry is concerned I still own 50% .
Expert:  Harris replied 1 year ago.
I understand that he did not comply with the order, but it is a binding matter as the court has ordered for it to be transferred to you. I would suggest you consider for it to return to court so that the judge can implement the transfer and sign the relevant land registry forms. You can make an application under form D11 to restore the matter. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
I think you have misunderstood. My ex husband was supposed to, at his expense, arrange to transfer the marital home into HIS sole name. He deliberately didn't do this and therefore now he has died I still legally own half the house. As it is now being sold I want to know if I am entitled to keep my half share or just have the £80,000 that should have been paid to me over 2! Years ago.
Expert:  Harris replied 1 year ago.
Oh, yes, my apologies. Legally, the court order will still stand as the court has made this order and the property should be transferred for the benefit of his estate. As the court order has been made and take precedence, enforcement proceedings can be pursued against you by his estate and you would not be entitled to keep the half share.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
I understand what you are saying and have always been ready to sign the relevant paperwork to do the transfer but I have never been asked by the solicitor acting for my ex husbands estate.. As the house sale is hopefully proceeding I want to know what happens on the date of completion if the property still hasn't been transferred. According to land registry I still am the legal owner of 50%
Expert:  Harris replied 1 year ago.
Yes, according to the land registry you are still on the title, however, the court order for him to obtain sole title of the property supersedes the land registry title and therefore the true legal position is for your 50% to form part of his estate as the court had made a decision for it to transfer to him. If you wished for the court to reconsider this division of assets then you would need to make an application to set aside the order due to his death. The court will consider whether his death was more than a theoretic possibility when making the initial order and whether there should be justification to have it varied. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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