Within financial proceedings arising from divorce, the family law Court has the power to make various orders concerning the family home, or other properties owned by either party. These are called property adjustment orders and could be either for a sale or transfer of ownership of a property.
What happens though if one person does not comply with the Order and refuses to sign necessary documentation to sell the property, or effect a transfer?
The Court has various powers to assist in getting around such an issue.
The Court can order that one person has the sole conduct of the sale of the property. Therefore, that party is fully in charge of all necessary mechanics of the sale, including liaising with estate agents and conveyancers. However, this does not get around the issue of a joint owner having to sign paperwork to affect a transfer or sale of the property, so that this change can be registered at the Land Registry.
Another option is to apply to the Court for a penal notice to be attached to the order so that any continued breach of the order by the other party would be Contempt of Court. Contempt of Court is punishable by fine and/or imprisonment. Therefore, it does carry significant consequences if the other party still refuses to comply with the order.
The Court also has power to make an order pursuant to section 39(1) of the Senior Courts Act 1981, so that the execution (signing) of a Deed, or other relevant document, can be signed by a nominated person. This is sometimes a Judge. It may also be someone else, for instance, a partner in the firm of solicitors representing the applicant. In the first instance, the Court must make an order requiring the other party to sign, but if they do not, the nominated person can then do so.
A solicitor can advise you as to the best approach, and appropriate legal remedy in your situation.
How we can help
Charlotte Knappett is a Partner and Head of our Family team specialising in divorce & separation, private children law and domestic abuse.
If you have any queries on the above subject, please do not hesitate to get in touch with Charlotte on 0845 543 5700 or complete our online enquiry form.