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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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i transferred a property to my daughter by deed poll at age

Resolved Question:

i transferred a property to my daughter by deed poll at age of ex wife who changes name and address every 6 months has signed all forms for land register ,but the land registry want it signed by a solicitor. my ex wife will not visit a solictor to sign the forms .please now can this proerty be registered as it should be in my daughters name
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Can you please explain exactly what you are trying to do?

Deed poll changes the name of a person, not of property

Is the property currently in your name or your daughter's name?

What form is it that the land registry want signed by a solicitor? Form ID1?
Customer: replied 2 years ago.

hi jo yes the daughter and myself went to the land registry.they say it must be signed by a solicitor or notary. my ex wife will not go to a solicitor she changes addresses and names every six months.what please can we do when she will not visit to sign,so the property can be changed the correct names.i have a deed of trust which was written by a solicitor in swansea-now deceased-in 2004 transferring the property to my daughter .at the age of 18

Expert:  Jo C. replied 2 years ago.

If she will not get the ID1 form signed by going to a firm of solicitors then there is no alternative but to get a solicitor to deal with the whole transfer as they will usually not need to see your wife in person.

They are going to need sight of her passport or driving licence and a utility bill.

Can I clarify anything for you?

Customer: replied 2 years ago.

jo i know that there is no way any solicitor will see her or her passport/utility bill.a solicitor wrote to one of her addreses for me 2 years ago.what i want to know is can i do anything myself -with paper work to a court -she signed an id1 for my daughter we have her passport number -ive done all the paper work and to pay a solicitor to send letters and not get a reply is a waste of timeall i want is a propert y transfereed to my daughter as stated by the legal deed of trust.

Expert:  Jo C. replied 2 years ago.
Can you please explain what is in the deed of trust and how it came about?
Customer: replied 2 years ago.

the deed of trust was written and signed 10th july 2004. i was in hospital but am still transfered the property in to joint names of my then wife and her mother.she is now my ex wife and her mother has tenants in common upon trust for my daughter aged 10 and acknowledge that we will transfer the property to her absolutly upon her turning the age of 18 years. i have the mothers death certificate, they both signed as a deed. and i have done all paper work id1,.all i need to know is without her being seen by a solicotor/notary what can i do--do i swear before a court or what please.she signed the id1 with signature,passport number and photo.but will not visit a solicitor

Expert:  Jo C. replied 2 years ago.
The land registry will not do this without the ID1. It is as simple as that.

If she will not let the solicitors see her passport or driving licence and a utility bill that is not an option.

In which case, you need to issue court proceedings against her for an order for specific performance to make her transfer the property to your daughter.

If she will not see a solicitor, she will have to see a judge and spend the day in court.

You can ask the court to award legal and court costs against her for simply being difficult.
If she will still not signed the documents or attend court, the judge can sign them for her and charge her costs for doing so.

At this stage, my suggestion would be to get a solicitor to write to her threatening the court application and the application for costs if she does not sign the document that she agreed to sign.

There are literally three options here:

1. She visits a solicitor with a photograph and gets the form signed.

2. She sends passport or driving licence and a utility bill to the solicitor dealing with the transfer and he does it

3. She ends up in court

the choice is hers ultimately.

Hopefully, the solicitors letter threatening the court application will do the trick.
Customer: replied 2 years ago.

hello jo now we are getting somewhere

1 a solicitor wrote three letters to her---she didnt reply i paid his bill

2 her soliciror for divorce cant get any reply from her

3 she has changed her name in last 2 years 4 times plus changing address every 6 months.

4 do i get this specific performance order from the county court then please

5 if she wont reply to solicitors lettors then should i put advert in local contact her solicitor

6 she wont visit solicitor as she has thieved from the last four employers




Expert:  Jo C. replied 2 years ago.

What would you like to know about that?
Customer: replied 2 years ago.

ive just come from county court office and could they have a number of the form for the order of specific performance--as they cant find it

Expert:  Jo C. replied 2 years ago.
You cannot simply issue court proceedings without warning of the implications of doing so and the fact that if your ex does not deal with this, you will make the court application.

If you do it without due warning, you could end up having to pay all the legal costs yourself.

It is imperative that you warn her that if she does not do what she is supposed to do, you will issue legal proceedings.

The form you need is form N244. You will need a witness statement supporting the application and you will need a draft court order on the form. The wording of that will have to be done by you because it is not simply a case of ticking boxes on the form. The form is largely blank.

Unless you have experience of doing this kind of application it is something that you might want to entrust to a solicitor as you will have more chance of actually getting the order that you want if the application is put together properly.

If your application is successful, and I can see no reason why it should not be, you can ask the court to award all the solicitors and court costs against your ex, because quite simply, there is absolutely no reason why she should be so obstructive
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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