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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need help clarifying a court order. The order states among

Resolved Question:

I need help clarifying a court order. The order states among others:
2. Upon the parties agreeing that pending the transfer of 60 Gunner Lane to the wife that: the husband shall continue to pay the mortgage and all outgoings on the said property.
This was in 2014 and he has not being paying, I have.
I'm happy to paste the entire agreement so you can see the whole picture before responding
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
the full order is attached
Customer: replied 1 year ago.
Does this order mean he is to keep paying the outgoings until the transfer?
I've paid the 30,000 in November 2014 but he has not signed the transfer and is refusing to sign it.
If the order is as written, can I apply to enforce the outstanding payments?
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. From the order he is responsible for all the outgoings on*****until it is transferred to you, which should have been done by 7 April 2014. As this has not been done you will need to apply to court under form D11 and a £155 court fee to implement the order and a judge can sign the TR1 to transfer the property to you as well as seek reimbursement of the outgoings you have made on the property

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
Thank you but my question still stands as I need clarification.
Regardless of when the transfer should have been done, is he liable for all outgoings until it is actually transferred? Or is the judge of the opinion his responsibility for the outgoings should end in April. I really don't want to waste more funds on an application if I'm not clear on the order.
I paid him in November 2014.
Expert:  Harris replied 1 year ago.

The order specifically states that the agreement is for him to continue meeting the outgoings until the transfer and this agreement specifies no date. It is later ordered that he is to transfer by 7 April 2014 so that there is a strict timeframe for transfer but as it has not transferred a court will likely agree that he should be meeting the outgoings and therefore the arrears, however, they will likely raise question about why it has taken over 2 years for yo to attempt to implement the transfer especially given that you paid him £30,000 which was to be done concurrently.

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Brilliant. Thank you.
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris