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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My husband and I were divorced in April this year. It was ordered

Customer Question

My husband and I were divorced in April this year. It was ordered that the FMH was to be sold as soon as possible and the proceeds divided between us.
A sale has been agreed with exchange planned before the end of this month and completion by the end of January 2016. My ex has agreed to the sale but refuses to sign the initial conveyance documents, and refuses to communicate on the matter. His Solicitor (thru whom he exclusively communicates) also refuses to communicate and will also not even respond to the conveying Solicitor.
I am desperate not to lose this sale (it has taken 2.5 years to to arrive at this point). There is great danger that the actions of my ex will kill the sale. I have been advised to make an emergency court application to either force my ex to sign or have the court do this for him. I have given 48 hrs formal notice of my intention to act if he refuses to sign.
I have no money to pay a Solicitor to make the application. Can you tell me which form I need to use and advise on nay wordings.
Many thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family law solicitor.
If your ex-husband is refusing to sign the forms to enable the sale to go through as ordered by the court you can make an application to the court which made the order under Form D11 for enforcement of the order.
In the application you will need to refer to and attach the previous court order and state that you wish for the court to enforce the sale.
Please let me know if you have any further questions.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a solicitor for more than 30 years.Whilst you have been referred to the correct form - a D11 available herehttp://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdfThe details as o what you need to put are incorrect.You need to ask for the following order " Allowing a District Judge to sign following Conveyancing paperwork in place of xxxxxx"You should then list the papers that need to be signed - and make sure you have them with you at the hearingYou should also ask for an Urgent hearing when you take the papers to the courtYou should also ask for costsPlease ask if you need further detailsClare