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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1755
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There Myself and my partner separated (unmarried and

Customer Question

Hi there
Myself and my partner separated (unmarried and no children) 18 months ago. We jointly own a property which has c£7k equity and we recently agreed that I would buy her out for £3,500.
I first made an offer to her last June which was ignored, I followed up with mediation which she failed to respond to and I subsequently made a court application. Upon receiving the court order my ex partner then responded to say she would settle outside of court which I was happy to do and I subsequently cancelled the hearing.
I have made arrangements for the mortgage, instructed a solicitor to do the conveyancing and the form TR1 has now been sent to my ex partner for her signature, she has failed to reply or acknowledge this and I am wondering what my options are.
I just want this resolved now, I do not want to remain financially tied and I feel like I have done everything possible to resolve this but with no result. I don't know what my options are - I could reschedule the court hearing but I am not sure what this would achieve? We have agreed on the sum and all I need her to do is physically sign the TR1. Any help would be appreciated - I fell like my hands are tied and its so frustrating!
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.
Hi, thanks for your question. Just a bit more information required to fully assist you:-What order did the court make?-Is there a further hearing listed?
Customer: replied 6 months ago.
Apologies if I wasn't clear - the application to the court was made under part 8 of the CPR. The court issued a 'Notice of Issue' and subsequently issued a 'Notice of hearing'. The claim never got to the hearing as we agreed on a settlement sum between ourselves so I agreed to cancel the hearing on the basis that there was nothing for the court to decide.
Customer: replied 6 months ago.
Is it possible to get a court to enforce an agreement that has been reached via email?
Expert:  Harris replied 6 months ago.
Thank you - in the circumstances you will have to restore proceedings and ask for a hearing to be listed. If the application has been formally withdrawn you will need to submit a new application.The email agreement can be used as evidence of her intention and agreement to sell.I hope this assists you.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 6 months ago.
I do not feel that you have answered my question. I asked what rescheduling the hearing would achieve - in light of the fact that an agreement has been reached. The problem is not the agreement it is the non-signing of the TR1 form to complete matters. What are my options - if you are saying court what is it I should apply for and under what act?
Expert:  Harris replied 6 months ago.
Rescheduling the hearing will allow the court to consider the agreement, and in the absence of her signing the TR1 herself, a judge can do it.Your matter will be considered under the Trusts of Land and Appointment of Trustees Act 1996

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