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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have an endowment mortgage and an insurance taken out in

Customer Question

I have an endowment mortgage and an insurance taken out in both my ex husband n my names matured at end of March 2014. We split up and divorced in 2001 (the policy was for 15yrs) and I have paid all premiums. In the divorce court settlement agreement it states that his interest in the Scottish widows policy is to be assigned to me but my solicitor didnt actually do a separate assignment document.
Scottish widows have not agree to pay out to me with the court paperwork! We had two children who are now 17 and 15. He has had no contact with them since the divorce and I am not sure where he is or how to contact him. He had mental health problems hence the divorce
Do you think I should challenge Scottish widows or return to my original solicitor
Obviously I don't want to end up paying a lot to gain what I see as been rightfully mine
Many thanks

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

I am afraid Scottish Widows is correct as they are not able to act without a formal Deed of Assignment of the policy to you, which you say was never done.

You may go back to your solicitor and ask them to formalise the Deed of Assignment or apply to the court to enforce the order if your ex spouse does not co-operate.

Hope this helps
Customer: replied 3 years ago.
To formalise it I presume I need his signature ? How much does it cost to go to court to enforce n surely my original solicitor should have thought to get a deed of assignment
Expert:  UKSolicitorJA replied 3 years ago.
Yes, you would need his signature.

I cannot say what the current enforcement costs are, your solicitor will be able to advise you. I do not know why your solicitor did not act at the time, you need to speak to him.

All the best