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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6387
Experience:  Barrister at law
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I went through a divorce and financial settlement, the court

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Dear Sir,
I went through a divorce and financial settlement, the court order state that I need to seek a new mortgage to remove my X wife from current mortgage so that the property is transferred into my name.
I managed to find a new mortgage, the lender solicitor sent TR1 form (transfer of equity) to my X wife to sign, but she refused.
What can I do? can you help, please?Kind regards
Nasir

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

Does the court order state that the property is to be transferred into your name, in addition to removing your ex-wife from the mortgage?

Customer: replied 3 months ago.
it does

Thanks for confirming.

In that case, the judge in the family court will sign the TR1 paperwork on her behalf, given that she has refused.

You need to submit a D11 application for the judge to do this.

The application form is here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866626/D11_web_0616v2.pdf

You also need to submit a draft order with the form, with point 1 being that the court has decided to sign the TR1 paperwork on behalf of your ex wife in order to fulfil the terms of the Court Order (add the date of the order), and point 2 being an order for your ex wife to pay the costs of the application.

Is there anything further I can clarify for you?

Customer: replied 3 months ago.
Thank you Peter
I will print and complete the form tomorrow .
Can I send you a scanned copy to check it for me, please?
I guess in the current circumstances, there are no court open!
Kind regards
Nasir

Courts are still open, but hearings are by telephone for the foreseeable future.

However, this application can be dealt with by a judge on a paperwork basis - there is no need for a hearing.

Happy to check it over for you, no problem at all.

Customer: replied 3 months ago.
These are good news.
Do I need to prove that my X wife refused to sign?
Can I send the form to court on line or has to be by post?
Roughly, how long some thing like this takes, please?
Thank you

You can submit the application to court by email.

In terms of proof - a short witness statement from you (signed and with a statement of truth), perhaps attaching an email from the conveyancer confirming that they have contacted her and she has refused to sign - this would suffice.

Time scale wise - it's hard to say. Normally a matter of days to a week for something this straightforward, but it will depend on the current case load and how many judges are actually working.

Customer: replied 3 months ago.
Can you advise, how much are the fees to be sent to the court?

The fee for the D11 application is £155.

I'm happy to check your documents before you submit them, as advised.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question. This doesn't prevent you submitting documents or follow ups - it's part of the service.

Kind regards,

Peter

plclegal and 3 other Family Law Specialists are ready to help you
Customer: replied 3 months ago.
Dear Sir,
What/ how to submit a draft order when submitting form D11?
Kind regards
Nasir

I have attached a blank template for you to fill in with the relevant details....

Customer: replied 3 months ago.
Dear Sir,
Can you check the forms, please?
I am not sure about the choices of attachments in point 10 and where to sign on page 3 as there are two places.
I put my divorce case number ***** page 1 of D11 and on the draft order, is that right?
Kind regards
Nasir
Customer: replied 3 months ago.
Attachment

Yes all fine. Case number ***** ***** as divorce case number.

Put a time estimate of 10 minutes where it asks for how long the hearing should take.

Sign both places on p.3 - one is the statement of truth the other is the application signature.

Customer: replied 3 months ago.
Can I sign the form electronically via Signable or not acceptable?

I would suggest you print and sign and then scan in as a PDF.

Customer: replied 2 months ago.
Dear Sir,
Good morning
I received a reply from court; there will be a 1 hour telephone hearing on 22 April 20 and they required the following:
((The enclosed D11 application will be heard on notice on 22/04/2020 with a time estimate of 1 Hour by telephone.
3 Clear days before the hearing, the Applicant must file at Court and serve evidence as to all requests /details /contact seeking transfer plus TR1 correctly worded and proof of title.))
I am not sure about the part of TR1 correctly worded, if i send you a copy, can you check and advise, please?
Kind regards

Good morning.

I'm happy to have a quick look. If it requires more than that I'll submit a services offer for you to review it.

Customer: replied 2 months ago.
File attached (PLQ1ZZ4)

OK - that's fine. It's been drafted by your solicitor anyway so you can assume it's done correctly!

Customer: replied 2 months ago.
Many thanks,
so, you couldn't see any obvious mistakes?

Not with a quick glance through. Obviously the forms need to be dated, signed and witnesses on your side but this can be done once the court has signed the papers.

Customer: replied 2 months ago.
Dear Sir,
If I need to send a new form D11 to the court for adjournment of hearing, do I need to send a draft order as well or only the D11 will do?
Kind regards

To clarify you need to adjourn the 22/04 hearing that the court has listed? Why is this?

Customer: replied 2 months ago.
The court need more evidence, proof of title and TR1 forms to worded, if a judge to sign, it looks like the one I submitted was not right, hence I need more time.

OK. Proof of title you get here:

https://www.gov.uk/search-property-information-land-registry

You'll get it online and almost instantly, for the cost of £3 for each property.

The TR1's are both fine.

The evidence you have already - the emails and letters to your ex from your solicitor and the log of calls/ emails from the solicitor stating the amount of times they tried to contact.

You don't need to postpone. If you ask to adjourn it might be a few months before you get another date - so I'd advise pressing on if you can. The judge should be sympathetic to you as a LIP without a lawyer trying to do this on your own.