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Ex refusing to comply with order

  • notgettinganywherefast
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23 May 23 #521083 by notgettinganywherefast
Topic started by notgettinganywherefast
My final order states my ex wife must remove the home rights notice so I can remortgage or sell the FMH to pay her settlement. She has signed an undertaking to do so. We don't yet have Decree Absolute (although she apparently applied for it 3 weeks ago) so I can't remove the notice myself. She has so far failed to remove the notice and my conveyancing solicitors have stated they must have the notice removed for the remortgage to complete (we knew this was the case). The deadline for paying the settlement is 8 weeks away and she's already had 8 weeks to remove the notice so far. If she doesn't get the notice off in time for the remortgage to complete by the date I have to pay her, what do I do? I won't be able to comply with the order and then it forces a sale by default (which I suspect is what she is trying to do). If we haven't had decree absolute I can't even do an application to court to enforce the order so I have no idea how I can progress things if she doesn't do what she's meant to. Any ideas please?

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23 May 23 #521084 by notgettinganywherefast
Reply from notgettinganywherefast
As an aside, I tried applying for decree absolute myself but our final order only gave her permission to do it out of time, not me - so mine was rejected!

  • hadenoughnow
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24 May 23 - 24 May 23 #521125 by hadenoughnow
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The decree absolute is needed for the order to become enforceable. If there is any delay caused by a lag in getting the Decree Absolute I very much doubt that the default order for sale could be enforced until at least 8 weeks after the DA is granted. You need to send it to the Land Registry to remove Home Rights. Keep a paper trail so you can show that everything is ready to go as soon as you have the DA.

Hadenoughnow
Last edit: 24 May 23 by hadenoughnow.

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