Court application for title transfer AFTER decree absolute

wrsw

Hi there
New here and at my wits end!
Anyone able to point me in the direction of what form to use to apply to court for an order to transfer title of a property AFTER a decree absolute has been finalised?
Everything I have found suggests a consent order is the only way and that has to be done prior to finalising a divorce. Decree absolute issued mid 2015 so that's not an option now.


When my ex wife left nearly 3 years ago, we had agreed that I would buy her share of our house and what I would hand over as a lump sum, but she has now doubled the figure and is demanding the house be sold.
Although I can afford to get a mortgage in my own name for my current home, I can't afford to buy something new which is large enough for me and the kids [I work in construction and have extended this house myself to make it big enough, I could never afford to buy something equal to it].
I could rent for the same as my repayment mortgage figure, but this house is my kids' inheritance, so I am reluctant to throw away everything I have worked towards for them just to pay off their mother.


I understand that if we both agreed on it, a solicitor could simply draw up a transfer of title and complete the process with the land registry, all my ex would have to do is sign the paperwork, but obviously that's not going to happen now, so I need a way to get a judgment made in line with what we previously agreed. It was never formalised, although I did write to the benefits office for the first 2 years of her claiming housing benefit confirming our financial agreement, the situation regarding her lump sum and that she had no claim on any future increase in property value. As she has been happily claiming housing benefit based on this agreement and the letters were written at her request, I would see this as implicit agreement. Whether a court feels the same is for me to find out if and when I find a way to get there...


We have 2 kids, my youngest essentially lives with me at the moment [although ex receives all benefits for the child as if she lived with her], oldest splits time more or less equally between the two homes.
Ex receives housing benefit [plus some others, don't ask me what] and has 4 bed house for her, my two, one from a previous and I THINK, her partner lives there too [but I don't know if he has anywhere else of his own]


That's it, apologies for rambling..!


Any help / advice would be appreciated.
Any other info required to respond, please ask.
Thank you!

[Deleted User]

Sorry there aren't any answers. I think you might have to seek legal advice again or you could try wikivorce.

TBagpuss

You can make an application for a financial order after decree absolute.

It's generally recommended to do it first, but that's not a requirement, and doesn't change the process.

As long as you have not remarried you should be fine.

Were you the Petitioner or Respondent? If you were the Petitioner, check that you ticked the boxes for financial orders on the petition, (if not, you may need permission to apply)

You need to complete a Form A

There is a requirement to try mediation first as you will need to either include in your Form A a form signed by the mediator to say mediation is unsuitable or has broken down, or complete the form to show that you are exempt.