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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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There is a consent order that my son and ex-wife has signed.

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There is a consent order that my son and ex-wife has signed. The judge has agreed it and it has now been stamped and finalised. The ex wife is ordered to sign over her interest in a property. The ex wife's solicitor is giving her advice not to co operate with this section of the order. what should we do?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What reason has the solicitor given for this advise?
What is meant to be happening at the same time as or before the Transfer?
Customer: replied 3 years ago.

Hello Clare.

Amicable divorce in Dec2012. An agreement was made about money and goods.In April 2013 ex met a man. She asked for money. My son is on benefits.She took him to court for an FDR and my son's house is to be sold. The consent order was agreed and signed.Since that time there has been no interest in house. Ex is angry, spiteful and is saying my son is not helping to sell the house and not giving her info. Sol has written and said he is getting advice from court and meanwhile ex is advised not to cooperate with order to sign the papers until house is sold.

I am a little confused - is the house to be sold of signed over to your son?
Customer: replied 3 years ago.

Hello. I apologise for the confusion. The property that has to be sold belongs to my son solely and is in england. The ex is going to have 65% of proceeds. Ex is angry that it has not sold.The property that has the order on is a french property which my son and his ex and myself and my husband bought together.
The consent order is for the ex to sign over her quarter to my son "forthwith and on request of my son". He has requested it. The paperwork from french notaire is ready to sign and she has been advised not to until the english property is sold in spite of order of court. I believe this should go to court as breach.What do you say?

That makes more sense thank you!.
What is happening with regard to the UK house sale?
Customer: replied 3 years ago.

the house has been on the market since the end of june with only one viewing. It is in the hands of an agreed agent with an agreed selling price. The property has had a price drop, is regularly advertised locally and on "right move". My son has promised the Ex that he will keep her informed of any news but there is none. She has taken it upon herself to get the agent's e-mail and communicates to him (by his own admission). She has a "bee in her bonnet" that she is being left out & she is angry that one child has opted to live with his Dad.The property has been on the market twice before before the divorce with no success.

Out of interest has your son authorised the Estate Agent to speak to her?
Customer: replied 3 years ago.

Hello. my son signed the contract to sell as property was in his name only. The Ex took that to mean she was not involved and the Ex alleged that the staff refused to speak to her (this was not true). To overcome this, the next step was to agree that a named agent would call my son who relayed the info to Ex (she was happy with this).BUT there was no info as no one was interested in the house. She became unhappy because nothing happening.

Ex got agitated so, got agent's e-mail and communicated with him direct. Do not know what about. During this time she asked for price drop which happened. Do not know what she has said to her new Sol. Sol has said it is in our interest to move sale forward hence the threat of not signing the order within the consent order unless sale happens.

Since she is not a joint owner of the property technically the Estate Agent should not speak to her - to avoid this your son should send a specific letter of authority to enable them to do so - and also send copies to his ex 's solicitor.
To deal with the specific problem of the signature your options are limited.
If the property were in the UK you could obtain an Order allowing the Judge to sign the paperwork instead - but I suspect this would not be acceptable in France
Accordingly the option is to apply to the court for a Penal Notice to be attached to an Order that she signs within a set number of days
Then if she does not sign she will face the possibility of a prison visit
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you