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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In my divorce consent order I agreed to transfer my ex wife

Customer Question

In my divorce consent order I agreed to transfer my ex wife our family property. She agreed to vacate the property and remove me from the mortgage in July 2014.
She refused to do this until this month whereby I am being bullied to sign a blank standard sales agreement within 7 days or "face imprisonment".
I live 7000 miles away from my ex wife and the property now and have asked for the full details of the sale and a completed standard sales agreement before signing.
The solicitor acting on my behalf of my wife refuses to do this.
Shall I just sign it or am I in my rights to ask for a completed document to sign?
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 12 months ago.
Background is also that My ex wife refuses to give me any info about where she is moving to (with my 13 year old daughter) and has a history of mental illness leading to my child being place under a child protection order for emotional abuse.While I have accepted that these things are not connected , I have asked (in the interests of transparency) and fairness that this detail is shared at the same time.This has been ignored therefore I have accepted this - simply asked for full details of the sale and a completed sales document - so that I can review and return.The consent order says i have 7 days to return the document . But I would like a completed document with details not a blank one to sign.The bullying and threat of them seeking imprisonment seems ridiculous when I have inly received the doc today and have already indicated I will sign.They say they will not negotiate. I told them I am requesting the document to be filled in which seemed reasonable to me.
Customer: replied 12 months ago.
I am happy to receive this answer by mail.
Customer: replied 12 months ago.
Here is the mail trail...Latest mail from me....I think by any normal definition threatening legal action (and laughably prison) in response to a question would be seen as aggressive. Especially when I have said I will return the document.Again I have made it clear that I will sign the document and am not objecting to the sale ( I have said this in writing to both to yourself and to Melanie*) and I will do this at the fastest timescale given 7000 miles distance , challenges of the time zones, my busy schedule and time for basic review.You have not provided any information until today regarding the process ? How are you expecting return of the document in any case?M"* I am not disputing the house sale nor aim to cause any concerns regards ***** ***** transfer “ email to Melanie on 17th May.On 24 May 2016, at 16:12, Michelle Rice wrote:I do not intend to communicate further. I will now draft the application I have referred to and an ex parte application will be made to the court. This is not being aggressive it is simply a response to your intransigence.
From: mark buchanan [mailto***@******.***]
Sent: 24 May 2016 09:43
To: ***** *****
Subject: Re: 7 Washington Terrace
Its not a negotiation it iis a perfectly reasonable request (can you provide me with details) and concern (Melanie's Name is ***** ***** same as the deed /mortgage).
I would think this is normal before signing a legal document (which needs a legal review) in particular because of your aggressive approach.
M
On 24 May 2016, at 15:27, Michelle Rice wrote:
You have no interest in this sale. By agreement an order was made transferring all rights in the property to our client. We are not negotiating with you.
***** *****
From: mark buchanan [mailto***@******.***]
Sent: 24 May 2016 07:35
To: ***** *****
Subject: Re: 7 Washington Terrace
As previously requested can you provide me with full details of sale? This document is not completed.
Secondly the name on all the official documents is not Melanie's maiden name (Picton)- does this need to be changed on the document? It is not the name on the mortgage document or deeds.
Once this has been done I can pass for legal review and then provide a return date.
Regards,
Mark
On 23 May 2016, at 23:00, Michelle Rice wrote:
Dear Mr Buchanan
Attached is the contract for the sale of the property above. The agreed court order provided you with seven days to sign the document. If you fail to do so and fail to return it we will make application for your committal to prison upon your arrival in the UK
Regards
***** *****
Customer: replied 12 months ago.
I have also added the blank order as an attachment.
Customer: replied 12 months ago.
the original consent order
Expert:  Clare replied 12 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that the news is not good.

If you do not sign the Contract in its present form then the Court will sign it on your behalf - and you will be faced with a costs order for the privilege

You are not entitled to the details of the buyer (although I agree that there is no reason why you should not have those details)

If you wish to have details of where your ex is h=going and when then you are entitled to make an applictaion using the Children Act.

I am sorry not to be able to give you more palatable news - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Firstly, I felt very bullied by the solicitors threat to imprison me - was this reasonable ? I was trying to engage and understand the issues from abroad.Regardless, I informed my ex wife that I would sign on my return to the UK(I live in Asia) which was last wednesday. I have evidence of this promise- which I sent via SMS and said I would return that day.She did not reply and I heard nothing from her solicitor in the interim. I also sent a further message at the start of this week - reasserting I would sign any documents needed as i was now in the country and was in her hometown that day.Again no reply.Today I got a document from her solicitors asking for fees of 500GBP plus VAT and 155 court costs for a judgement which was made in ex parte on Wednesday a week since I informed of my intention to sign.This seems unfair as I made it clear I would sign and made several attempts to engage to sign.Plus the amounts are ridiculous.Honestly I feel that I have been set up by my ex-wife to disrupt my break and hurt me (I am with my two daughter from that marriage for this break).I fear that her solicitor will try and force my payment of these fees - immediately before i return to my home in 10 days or block my return through legal means.Can I appeal this and how do I do it? Can I defer till I can afford it?To be clear - I have no objection to the document being signed or the consent order for the house to be transferred- I have made it clear several times ... I just feel I have been mugged in to paying these costs unreasonably- when I was clearly open to sign all this week on my return to the uK.What are my options? What should I do ?Am I at risk of imprisonment or banned from flying back home if I dispute the costs?I appreciate your help and advice in advance.
Customer: replied 11 months ago.
The order says i shall pay by 5th of July - I depart on the 28th of June.FYI.
Expert:  Clare replied 11 months ago.

What date was the Order made?

Customer: replied 11 months ago.
The 14th of June.
Customer: replied 11 months ago.
I informed my ex wife I was in the country and able to sign at anytime on the 8th June and 13th June by sms .She ignored me. So I assumed that the house documents were no longer needed as I had heard nothing for a few weeks.
Customer: replied 11 months ago.
I sent an email on 13 th informing I was able to sign at anytime as I was in town and with my daughter.
Expert:  Clare replied 11 months ago.

Have you evidence that you made the offer on the 8th?

Did you also notify her solicitor?

Customer: replied 11 months ago.
via sms And by email om 13th. All ignored
Customer: replied 11 months ago.
i did not notify her solicitor- but as I had been communicating with my exwife during the period (about my visit)and had heard nothing from the solicitor again. I assumed that perhaps the sale had fell through or that the paperwork was not urgent.
Customer: replied 11 months ago.
I attach a screen grab of my text on that day.
Customer: replied 11 months ago.
My wife threatened me around child access on the thirteenth on the phone and she said I would have to face consequences. ( she hates me visiting the children and always creates obstacles on visits).I asked her what she meant and in a rage she said I was going to go to court the next day.I wasn't sure if I believed her but informed her again that If it was relating to the house I would sign at her convenience now that I was here. I reminded her that I had told her I would sign on my arrival 8th.She put the phone down. But I followed up with an email asserting I could sign immediately and that court action was not necessary.That was the day before the court order. 13th of June. So I have evidence of that mail too.Also a follow up on the 14th asserting I was with our daughter and could sign at anytime. Again I have evidence of that.All ignored.
Expert:  Clare replied 11 months ago.

Why did you not tell her solicitors that you would sign when you were next in the UK?

Customer: replied 11 months ago.
No reason.i had told them I would sign but without specific dates. Then I hadn't heard anything from them and had been in communications with my ex wife about the visit so told her as a follow up and assumed that would be OK.Didn't imagine she would push forward with a court order instead.
Customer: replied 11 months ago.
What is your advice?
Expert:  Clare replied 11 months ago.

You can certainly try and appeal the costs order on the basis that your ex knew on 8th June that you would sign the documentation

As a starting point write to her solicitors pointing out that you have evidence that she was aware that you had agreed to sign and saying that you will appeal if they do not agree NOT to pursue the costs

The problem is that the costs of appealing may well outweigh the amount that you save - so you should try and negotiate it first

Customer: replied 11 months ago.
Thank you.Also is there any actions they may take that threaten my imprisonment or that can stipe me travelling?
Customer: replied 11 months ago.
Stop me not stipe.
Expert:  Clare replied 11 months ago.

Technically there is a possibility you could be sent to prioson - but only after you have had a chance to give your side of the matter to the court

Customer: replied 11 months ago.
I am leaving the uk tomorrow (to Thailand where I live) Should I be worried that they may stop me leaving as we have not agreed any payment schedule yet.
Expert:  Clare replied 10 months ago.

No problems at all!

Customer: replied 10 months ago.
I'm not sure what that means. Are you saying they can not stop me leaving the jurisdiction?
Expert:  Clare replied 10 months ago.

That is correct

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