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Enforcing a consent order after death

  • lancashirelass23
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03 Jun 22 #519408 by lancashirelass23
Topic started by lancashirelass23
Hello

I've got a bit of a tricky issue. Opinions appreciated.

Consent Order after final contested hearing (June 2019) said that I should, at the request of the respondent (ex-husband), transfer of my share of a property to him. He was to bear the costs of transfer. The house is in France.
(The judge didn't want to impose a timeframe on ex-husband because she thought he might want to time the transfer so as to reduce capital gains tax liability (?!).

He never asked me to transfer my share either verbally or in writing. He died early in 2021. There is no will, and his English estate is insolvent.

The estate administrators in England don't reply to my requests to discuss how to move forward with the transfer.

As the order said my ex husband had to ask me to transfer, and he didn't, I question whether the order remains legally enforceable.
If it does, then I've no idea how practically it could happen, if the administrators won't communicate with me, and there is no money in the estate to meet the transfer costs (c£10k).

But most frustrating is that I can't see a way of moving this on. I don't want to spend money going back to court to ask for the order to be reopened and this part of it set aside (and the judge might not agree), but unless I get it set aside, or the estate administrators try to enforce the order, I can't actually give up ownership of the house.

I just don't know how to move forward without spending money on solicitors. Grateful for thoughts.




  • hadenoughnow
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09 Jun 22 - 09 Jun 22 #519444 by hadenoughnow
Reply from hadenoughnow
Do you need to give up ownership for financial reasons or merely to satisfy the order?

A lot is going to depend on the precise wording of the order. It may be that if he did not choose to request a transfer that option ended when he died. It may be enforeable by the estate administrators or it could be that there is no benefit to be gained for the estate in pursuing it.

I am not sure of the rules in France but here if a property is in joint ownership, the whole of it passes to the other owner when one of them dies.

You really need to get legal advice.

Hadenoughnow
Last edit: 09 Jun 22 by hadenoughnow.

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