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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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Dear Clare I have recently been granted a decree absolute.

Customer Question

Dear Clare
I have recently been granted a decree absolute. As part of our finacial settlement my parents are buying out half of my ex-husbands share of the marital home and their names are ***** ***** on the Deeds of the property. Their cash is currently with my solicitors ready to pay to my ex-husband.
My husbands name is ***** ***** from the Deeds as he is going to lend monies equivilant to his remaining interest in the house until our children are 18 years old. For this loan he is being granted a 2nd charge.
Nationwide, the Building Society with whom the mortgage and 1st charge is held, have all the signed documentation to enable their lawyers to remove my ex-husbands name from the Deeds, his 2nd charge and put on my parents names in substitution. However, due to lack of resources, the have missed the deadline set in our financial settlement.
My ex-husband is threatening me with a D11 within the coming days to enforce me to release instruct my solicitors to release my parents cash to him. My solicitors have written to Nationwide to try and progress the matter but to little effect and are advising I should not release the cash until my ex-husbands name is ***** ***** the Deeds.
What does a D11 potentially expose me to and what should I do?
Equally distressingly, my ex-husband is also threating to stop my maintenance until he receives the monies. What can I do should he carry out his threat.
I should be very grateful for any assistance you can give.
Your sincerely
Alice
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
What was the timing set out in the Court Order - and is the maintenance spouse maintenance or child maintenance?
Clare
Customer: replied 2 years ago.
Thank you Claire
The order stipulated 27th October 14 days after the decree absolute was granted.
The maintenance is for both me and the children.
Hope this helps
Alice
Expert:  Clare replied 2 years ago.
Hi
How soon is it likely to happen?
Clare
Customer: replied 2 years ago.
Hi Clare
The 27th of October is the deadline so I have been lead to believe it will be at that point.
Alice
Expert:  Clare replied 2 years ago.
Hi Alice
I am sorry - what I meant was how soon have the Nationwide said they will complete the matter?
Clare
Customer: replied 2 years ago.

We don't know. They are extremely slow to respond and are talking weeks rather than the few days until 27th October

Expert:  Clare replied 2 years ago.
Hi
Did the Nationwide actually agree to this Transfer?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
has your solicitor explained why he does not wish to release the money until it is completed?
Clare

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