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Hello, my name is ***** ***** I’ll do my best to assist you today.
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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?
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:
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?
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.
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.
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.
I have attached a blank template for you to fill in with the relevant details....
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.
I would suggest you print and sign and then scan in as a PDF.
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.
OK - that's fine. It's been drafted by your solicitor anyway so you can assume it's done correctly!
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.
To clarify you need to adjourn the 22/04 hearing that the court has listed? Why is this?
OK. Proof of title you get here:
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.