Request to vary or set aside consent order

Hi,
Appreciate some views on how to apply to court to ask for assistance in disposing of an executory Consent Order following death of respondent.

Order made for applicant to transfer share of foreign property to respondent on request. Request was not made. Respondent died 13 months after Decree Absolute. Property remains in joint names. Respondent's estate seems to have insufficient funds to meet the cost of the transfer.
Applicants income needs were based on respondent paying substantial child maintenance. Respondent leaves no will and no UK assets.
Applicant requires replacement for the lost income from child maintenance. And tbh, an end to this awful thing that started with an application in 2017 and continues to be a drain.
Would rather reach an agreement with estate adminstrators, though unlikely. They remain silent.

Reluctant to spend money on this, so prefer to self-rep. Most logical thing seems to be to apply to court (consent order included a 'liberty to apply' clause) but what for, and how?

Did he have a will?? I think you do need legal advice on this one because as far as I am aware a property held in joint names (not tenants in common) reverts to you. I am not sure if the court order supersedes this. The exact wording would need to be checked. If he had a choice about requesting transfer and failed to do it, that may be that.

You may want to research Barder events.

Hadenoughnow

What country is the property in?

Why was the application to transfer not made? Who was supposed to make it?

There may be differences in the legal situation regarding joint properties registered in another sovereign jurisdiction. This requires a specialist solicitor, possible even one overseas, local to the property.

Hi - thanks for responding. Respondent was to request applicant to transfer, applicant was to comply, respondent was to meet costs of transfer (c£12k). No timeframe set.
Transfer wasn't made because respondent never made request of applicant. Don't know why respondent never asked. However, suspect it was because of laziness.

No will. Property is in a country where Napoleonic code prevails, i.e. respondents property passes automatically to the 'protected' heirs - children. As ex-spouse, I am not a protected heir - we were 'tenants in common'.
Respondent did have a choice about requesting transfer, and failed to, so yes, perhaps that is that. However, both parties are entitled to have their contribution to the marriage recognised, and having a share of the matrimonial assets, in the form of the foreign property, fulfils that entitlement. I've considered Barder, and Thwaite (though that perhaps isn't the way to go).

I've been going round in circles with this for some time, and have concluded that only an application to court is going to move it forward. I haven't the funds to spare for legal rep, nor do I really want it. I'd prefer to self-rep. But I just don't know how to word the application.

Thanks so much for replying. I've been round in circles with this for so long. Many solicitors and their overseas equivalents have given an opinion. The foreign ones suggest a UK one, the UK ones suggest either foreign ones or go woolly on me. Quite understandably, they won't give advice unless I pay, and being quite complex, the fees they are asking to look closely at the matter are quite high - for me anyway. With children to support, and no maintenance, I just haven't got the funds spare.