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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I have recently obtained a court order, requesting that my

Resolved Question:

Hi
I have recently obtained a court order, requesting that my ex-girlfriend signs all forms necessary to change ownership of the property into my sole name. My ex-girlfriend has ignored any forms of contact from me and therefore hasn't complied with the court order.
From what I understand I now need to apply to court and request that the court appoints someone to sign on her behalf.
As my previous application was done under CPR Part 8A, does it have to be done the same way? Can I please get more information on how to apply and the relevant act. Many thanks.
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

You can make a further application in the same proceedings using the same method.

The last time I was involved with one of these, the person who was subject to the order was absolutely refusing to deal with it and attended court in objection.

The judge executed the documents.

So your application would be that in default of your ex-partner signing the forms as ordered by the court under the order and the date, it's an application for the court to execute the transfer deed in her stead and you need to ask the court for the cost of the application.

You need to write to your ex-to say that if she doesn't sign the necessary documents by a particular date, you will make an application to court without further notice, to ask the court to execute them and you will ask the court to award the cost of the application against her.

Can I clarify anything for you?

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Best wishes.

FES.

Customer: replied 7 months ago.
Good eveningMany thanks for replying to my question - very helpful.Do I require court's permission to submit a further application?Thanks
Martin
Expert:  F E Smith replied 7 months ago.

I am pleased to help.

Because there is an order which has not been complied with, would not need consent but you do need a witness statement which confirms everything that you've done to try to get your ex to sign the documents and that you've given warning of the potential court application.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8966
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Great. She had until 28 July to comply. I have tried contacting her on number of occasions which I have documented so it will be easy for me to prove it.
Many thanks once again - exactly the answer I was looking for.

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