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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been separated sine 1999 and divorced in 2010. Upon

Customer Question

I have been separated sine 1999 and divorced in 2010. Upon my divorce my husband signed a legal document to say that if I died or sold the house he would get a further £25,000 within 5 years. This five years was up on 27th April 2015.
My daughter and her husband have offered to pay my mortgage off of £53,000 with a stipulation that if I die or need to sell then the £53,000 will be paid back to them.
My ex husband is now refusing to sign the transfer of deeds of the property saying that he needs me to make an offer to him.
I need to know that if there is a legal document stating he will have no claim on the property after 2015 can he I have him removed from the title deeds without his signature, as he has already signed a document to say he wants no further payment.
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Was the legal document approved by the court as a financial settlement as part of the divorce?
Customer: replied 1 year ago.
The document was drawn up at the solicitors as part of the divorce. It was all amicable. I have a copy of the document.
Expert:  Harris replied 1 year ago.
Thank you, ***** ***** the agreement turned into a court order and approved by the court?
Customer: replied 1 year ago.
Looking at the agreement drawn up it states that both parties did not wish to apply to the Court for a Consent Order. My ex husband was meant to sign the TR1 form upon receipt of the £50,000 settlement.
Expert:  Harris replied 1 year ago.
Thanks for confirming - unfortunately this puts you in a difficult position as it would now be for you to apply to court to enforce the agreement. The added difficulty that you have is that in matrimonial proceedings, financial agreements are not 100% binding unless they are approved by the court, and without the court's involvement or his permission to proceed with the transfer, you cannot do anything to remove his name from the title.I appreciate that this may not have been the answer you had hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.