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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22564
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My ex-wife was awarded an ancillary relief order which gave

Customer Question

My ex-wife was awarded an ancillary relief order which gave her control over the sale of the matrimonial home. She moved out in 2011 and I moved out in 2012 and it has been unoccupied since. The relief order allowed her to reduce the price after 28 days, she did this after only 21 days. They have been several offers which proceeded to exchange but each time she refused or couldn't be bothered to return the sale forms. I have personally paid the mortgage and council tax to date. There is now a cash buyer and the conveyancing solicitor says that they are ready to complete however my wife s threatening to withhold the sale forms unless I pay her a certain sum which was recorded on a previous ancillary order but was superseded. Can I approach the court to request a judge sign the forms? (a provision she had in the ancillary relief order if I failed to sign the forms). I look forward to your reply.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: The order was granted in Norwich County Court and the house is located in Herefordshire.
JA: Have you talked to a lawyer yet?
Customer: I have and he suggested a form D11.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I paid my ex-wife a lump sum of £12,000. The previous ancillary order stated that £44,000 would be paid from the proceeds of the sale however the offer is £7,000 lower than the outstanding mortgage. This deficit I have agreed to pay although my wife is jointly liable. She is demanding I sign a letter that says I will pay her this sum even though there will be no equity in the house.
JA: When we are ready I'll take you to the appropriate web page.
Customer: Okay.
Submitted: 6 months ago.
Category: UK Family Law
Expert:  Stuart J replied 6 months ago.

Court Form D 11 is a general purpose application notice form for “everything else” which would include this.

My suggestion would be to get your solicitor to write to her threatening her that unless she signs the relative documentation, you will make an application to the court for a court order firstly to vary the amount payable based upon the equity, secondly for the judge to sign the documentation and thirdly, you will ask the judge to award the substantial costs of the application against her. If that doesn’t work, then you are faced with making the application.

Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively. If you don’t rate it positively I don’t get paid.

You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards.

Stuart

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