Deed of assignment actioned incorrectly

hilaryc_2

Hello, this is my first post, I would like to know if I have any options available to me on this issue.

Ex and I divorced in 2015, we agreed a split of assets allowing me to stay in the marital home, but I needed to assign interest in a few policies to him. I believe that his solicitor drew up a Divorce Consent Order as I noticed a template that looked familiar. I received the Title Deeds to our property a short while after all the paperwork had been sent off, so naturally assumed everything was fine.

Fast forward, in June of this year ex trying to cash in an endowment early, I received a request to fill out a form, I refused as I had already dealt with it (plus ex has behaved very badly towards myself and our now grown up kids, one in particular). Now it appears that his solicitor either didn't check the paperwork properly or I filled the form in the wrong way (I just signed here told) as the deed has been assigned to me.


I have contacted the insurance company to explain the error and they told me the above situation, but my question is, do I have to still go ahead and fill out more paperwork to gift the money to him as we have a Consent Order in place? I don't want to fall foul of the courts, but as he has had 3 years to sort this out it does feel unfair! However, resigned to not having much option.

dunstonh

I have contacted the insurance company to explain the error and they told me the above situation, but my question is, do I have to still go ahead and fill out more paperwork to gift the money to him as we have a Consent Order in place?

If you accept that the transaction carried out was wrong and this is not your money, then why would you try and keep it?

The money may be in your name effectively at present but if the divorce agreement was that the funds in these policies belonged to your ex and you try and hold on to this money then you are in breach of your divorce agreement. Expect legal letters to follow. Initially to threaten legal action and then to follow through on it if you continue.

but as he has had 3 years to sort this out it does feel unfair!

you are in no place to say it is unfair. After all, it is you that is trying to steal the money. Do the right thing.