Hi, thank you for your question. Was the financial agreement approved by the court and what is the exact wording in relation the property/mortgage?
Has he transferred the property to her sole name?
Thank you for confirming. He is obviously not complying with the order as it specifically states under Paragraph 1 of the Order that he will forthwith transfer the property to her sole name.
In the circumstances she will need to apply to court to implement the order under form D11 and a £155 court fee. Given his non-compliance it would be reasonable for her to seek costs against him for the non-compliance, and it would be for the judge to decide whether it is reasonable to impose costs against him. Upon consideration of the application to implement the order, the judge can sign the relevant transfer papers for the property which will assist in releasing him from the mortgage.
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