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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33316
Experience:  25 years experience of all aspects of family law
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I separated with my ex partner in whom I have two children,

Customer Question

I separated with my ex partner in whom I have two children, the house in which we lived was soley owned by myself with no mortgage. It has been decided by the family court the house is to be sold my ex partner to receive 60% of the 265k accepted for sale of house. For purposes of rehousing the children until my youngest is 18 myself and ex partner to be tenants in common. My question is regarding the trust of deed in which has been attached for rehousing children. It has been ordered by the judge at court and approved by the court am I right to assume the trust of deed dose not need signing by myself or ex partner as it has been ordered by the judge/court?
Submitted: 2 months ago.
Category: UK Family Law
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What have you been asked to sign?

Customer: replied 1 month ago.
I have attached a trust of deed to the purchase of property for children which has been approved an agreed by the family court. My question is even tho the trust of deed has been approved by the judge an court an attached to purchase. Do myself and ex partner still need to sign?
Expert:  Clare replied 1 month ago.

It is not attached but in fact yes you will both need to sign it as it will need to be REgistered at the Land Registry

Please ask if you need further details

Customer: replied 1 month ago.
Just so I understand, even tho the judge has approved an ordered it as part of the judgment, myself and ex partner are still required to sign?
Expert:  Clare replied 1 month ago.

If it is what I think then yes - but if you do not sign it then the court can sign it on your behalf - but it will cost you if they do

Customer: replied 1 month ago.
An what is it you may think it is?
Expert:  Clare replied 1 month ago.

The Trust deed required for Registration at the Land Registry

Customer: replied 1 month ago.
The trust deed in which protects my ultimate interests, stating what my ex partner is an not allowed to do against the property an for its eventual return to myself,
Expert:  Clare replied 1 month ago.

Can you attach it?

Customer: replied 1 month ago.
Please find attached order an trust of deed
Expert:  Clare replied 1 month ago.

Yes that is exactly what I thought it was!

Customer: replied 1 month ago.
myself and ex partner still need to sign?
Expert:  Clare replied 1 month ago.

Yes that is correct

Customer: replied 1 month ago.
That's odd as my solicitor I used said myself and ex partner do not need to sign as its been ordered by the judge an court
Expert:  Clare replied 1 month ago.

I disagree - it is clear that the court expected it to be signed

Customer: replied 1 month ago.
I just spoken with the family court and they have said whatever is attached in the order from the judge dose not require myself or ex partner to sign
Expert:  Clare replied 1 month ago.

I am sorry but the Court staff are not lawyers - this is a deed that need sto be signed to be registered at the Land Registry - it simply cannot be changed

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