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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 5473
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 days 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 days 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 days 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 days 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 other Family Law Specialists are ready to help you