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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, im a single mother and recently divorced and a judge

Resolved Question:

Hello, im a single mother and recently divorced and a judge awarded me the house and said that my ex husband, who lives in Poland, had 21 days to sign over all interest in the property but he failed to do this. The Judge did say that if he failed to sign then I could apply to the court for the Judge to sign it over without my ex husbands signature.
However I have completed form N208 (CPR Part 8) but the clerk at the court keeps saying that I need to include a "paragraph"?? because the issue is my ex is in Poland and was there when the decision was made.
My question to you is what is the "paragraph" that they talk about?
Thank you in advance, Milena Guzowska
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years 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.
For clarity which court made the original Order?
Clare
Customer: replied 2 years ago.

Crewe Family Court. Case Number *****

Expert:  Clare replied 2 years ago.
Hi
May I ask why you are using form N208?
Clare
Customer: replied 2 years ago.

Because the court said it was the correct form, just the paragraph was missing??

Expert:  Clare replied 2 years ago.
Hi
In fact the form you need is a D11 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d011-eng.pdf
You are asking for an Order
"That the District Judge signs the TR1 in place of the Respondent"
You will nee to submit the TR1 at the same time
I hope that this is of assistance
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for this, where do I find the TR1??

Expert:  Clare replied 2 years ago.
Hi
Do you have a mortgage on the property and has the mortgage company agreed to release your ex from the mortgage?
Clare
Customer: replied 2 years ago.

No the mortgage company cant do this until the Judge signs whatever form I need to submit to him.

When I won the case he told me if my ex doesnt sign over his rights to the property then I could go back to the court and they will sign it for me without him.

Expert:  Clare replied 2 years ago.
Hi
Ok
You will need to have a TR1 prepared
The form is here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390836/TR1__web_friendly_PDF_.pdf
Clare
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