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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I do hope you can help me. My ex partner from many years ago

Customer Question

Hello,
I do hope you can help me.
My ex partner from many years ago pursued me for half the value of my home. Regardless of the fact that we had owned 2 houses together and when we split up, we had an agreement that we would each have one of the houses.
To cut a very long and unpleasant story short, I won the court case, it was pretty clear cut & if I remember accurately, there were 8 points of law that supported my claim against his.
The 2 day hearing was dealt with in 1 and I was awarded my house in its entirety & my ex partner was ordered to sign out by the 7th of May of this year, he was also ordered to pay my costs, which stood at over £21,000.
Predictably, rather than agree to pay me, my ex partner stalled my solicitor while he filed for bankruptcy, to avoid paying me altogether.
My ex partner, also, despite being sent several copies of the TR1 form, for him to sign off my deeds, he has ignored them and has not signed!
I really do not have any more money that I can throw at this, or else, I will be in such a financial mess, I will have to sell my house to make ends meet.
At this stage, it doesn't feel like I have won, as he could still cause me to lose everything!
What can I do? First and foremost I need that court order enforced... he MUST sign off my deeds!! How is possible that there are no consequences for him not doing what a court has ordered him to do? And why should I foot the bill for him not doing so?
Secondly, I know that he has told some very blatant lies to the Insolvency people, in order to become bankrupt. What can I do about that? Will his bankruptcy still stand if I can prove he lied about his circumstances? & how can I ensure I get ANY of the money he owes me?
Sorry for rambling a bit, I am sorry terribly upset & don't know where to turn.
I thank you for your time & await your reply.
Sincerely,
A
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Was this in relation to divorce or a civil claim as joint owners?

Expert:  Harris replied 6 months ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Expert:  Clare replied 6 months ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

In fact the obvious way forward is for you to apply to the Court for an Order allowing the Judge to sign the TR1

This will enable you to deal with the transfer.

So far as the debt is concerned it is not covered by the Bankruptcy and you can still enforce it as and when he has any assets/income you can reach.

Please ask if you need further details

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