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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, My ex-wife has failed to comply with the financial

Resolved Question:

Hello,
My ex-wife has failed to comply with the financial settlement agreed in court. She was supposed to sign over a property (in Italy) over to me 'forthwith', which was agreed in October 2013. Due to her delay in doing this (she still has not signed it over), I am now unable to buy a property in London due to the massive increase in house prices over the past year. My intention was to sell the property as soon as it was transferred into my full ownership and use the money as a deposit.
There are obviously other aspects of the court settlement, which I have complied with fully.
Can I sue her for compensation?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did you send her the paperwork to sign - and what steps have you taken to enforce the Order?
Clare
Customer: replied 1 year ago.

Hi Clare,

Thank you for your message and happy to provide further details.

The court settlement was agreed in court in October 2013, as mentioned before. In that it simply stated that: 'The wife to transfer ownership of the Italy property forthwith'.

I asked her by email/text probably on 3-4 separate occasions over the past 12 months (last time being August 2014) to comply, but she always stated that she was in the process of doing it. Then she told me to stop harassing her about it and I didnt want to go back to court so I left the matter alone.

She has now stated (a couple of weeks ago), that she will do it as soon as she has enough money. She has just gone back to work. However, during the time the court settlement was signed to now, she has purchased a new car and been on several holidays, so she has clearly had enough money for other things.

I have been paying a very high maintenance to her £3200 to £2800 per month (her maintenance and that for our children).

During the court settlement the FMH, which she will have 100% proceeds of on its sale (it has just gone on the market this week for £695K) was valued at £560K. The property in Italy was at the time valued at 100K Euros. I feel that the fact she's delayed in complying with the court order has substantially and detrimentally affected my capacity to purchase my own property in the UK. If I had known it would have taken so long I would have at least rented out the Italy property.

I hope that gives enough information.

Very best

Peter

Expert:  Clare replied 1 year ago.
Hi
Whose name is ***** ***** in at the moment and why have you not arranged for the Paperwork to be prepared
Clare
Customer: replied 1 year ago.

Hi Clare,

The Italy property is in joint names currently. I didn't organise the paperwork initially as it was clear that this was her responsibility to transfer the ownership to me fully. And as she wasn't working at the time had more opportunity to get it organised. The divorce was very hard on me and I was and still am struggling with work, which has consumed all my energy and time (I've also had to contend with 3 accommodations moves) Also she said all along that she would do it. I suppose I've been foolish in believing that she would do what she said.

very best

Peter

Expert:  Clare replied 1 year ago.
Hi
Actually I am afraid that all your ex needs to do is sign the paperwork for the Transfer - that is what the Order means - not that she has to organise it.
I am afraid that is is for you to arrange all the necessary paperwork for signature - and to take her back to court if she refuses to do so
I am afraid that you have no claim for compensation from her - but if she does refuse to sign the paperwork then you can apply to the court for an Order that she does so with the possibility of applying for her committal to prison for contempt of court if she refuses to do so
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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