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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I bought my ex out of the family home in February. The court

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I bought my ex out of the family home in February. The court order stated that once the house was sold that he would transfer the totle deeds for a jountly owned piece of land to me. This was supposed to have been sorted by my conveyancer at the time of the buy out but on checking with the land registry i now find that the land is still jointly owned and the TR1 form was never signed and returned by my ex's solicitor. Neither my conveyancer nor my ex's solicitor will answer my telephone calls nor emails. I am concerned that i will have to go to more expense and emply another lawyer to get this sorted which im dreading as i know it could be drawn out and expensive. Do i have any alternatives?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

I am sorry to hear that your ex has not yet complied with the curt order in respect of signing the Transfer Form for the land to you.

As this was provided for in the court order then this should not be a long drawn out process for you as the court has already made its decision that he has to do this.

Here are some suggestions for you:

1) Speak to your ex directly and ask him to sign the TR1. If communications are open/amicable.

2) If you have a family solicitor dealing with the finances for you return to them. Ask them to write one short letter to him/ his solicitors asking him to comply. Give a short time frame - say 14 days. It can be included that if an application has to be made to court for his compliance the costs will be sought against him because his lack of compliance has resulted in you having to make the application.

3) If no joy with 1 and 2 - make an application to court. This will be a short application and should be dealt with in one short hearing ony. There isn't going to be any arguing about whether or not he should sign - the court will likley make him sign the form at the hearing.

Check your order - if your ex was particularly difficult in the proceedings then the Judge may have already made a provision in the order that a Judge can sign the transfer if your ex wont. This still involves an application to court.

The Judge will likely sign the form even if your the order didnt provide for a Judge to sign if your ex is being difficult.

If you have to apply to court - do seeks the costs for having to do this because oof his lack of compliance. Keep copies of the letters asking him to sign to support your application and also ask your conveyancing solicitors to provide you with copies of the letters they sent.

kind regards

Caroline

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Customer: replied 1 year ago.
Very useful and well explained answer thank you

Glad I could help. Kindest Regards

Caroline