Dilemma regarding Property Transfer of Equity and refusal to sign the TR1 Document

PhilBees

My Son and Partners relationship broke down 2 years ago.-- They were not Married or Engaged and no Children. -- They Purchased a House together, my Son contributing £147K, His Partner £22k to the deposit.-- A Deed of Trust reflects this.-- Any equity beyond to be shared 50%.-- Mortgage to be paid 50/50 as Tennants in Common.
My Son offered to buy her out September 2019.-- through her Solicitor she agreed a fair settlement. -- Few days later my Son received an email from her Solicitor stating he was no longer Instructed.
She moved out early 2020 and issued a Non Molestation Order so all channels of communication were broken down.-- Allegations were untrue but for Financial reasons my Son did not contest the NMO.
The Nationwide Building Society offered my son his continued Mortgage solely upon completion of Transfer of Equity, the offer lasting 6 months.
As communication with his ex was out of the question my Son instructed a Solicitor at a cost of £1700, to negotiate a settlement, which after an increase of 4k on his September 2019 was accepted, the Company Conveyancer sent the TR1 document to be signed.
The Nationwide offer elapsed December 2020 without his Partner signing. She was fully aware of the Completion date, but made petty excuses.
My Son managed to get an extension to February 20th and to date she has not signed, and I believe has no intention to.
She has not made a single payment towards the Mortgage/Rates for the last 14 months, equating to around 10k.

My Son has offered her the money she is entitled to.-- He wants to move on with his life.

Surely there is a Moral issue here ? -- Can she lie low for 5/10 years then out of the blue demand settlement plus 50% of future value ?

My Son cannot afford any more Solicitors fees,-- He has done all he possibly can to remove this cloud above his head, and now does not know which way to turn or what course of action to take and how to go about it.

Would really appreciate communication and advice from those who are fully informed with the Legal position of this dilemma.

Many thanks, 
Phil.

greatcrested

Yes there's a moral issue - but that is unlikely to help.

The options are

* negotiate and reach an agreement, which appears to be failing or

* court action to enforce a sale of the property.

At least I think those are the only options.

Unless he has something he can hold over her to 'pursuade' cooperation.....

AdrianC

PhilBees said:

My Son cannot afford any more Solicitors fees

Sounds more like he can't afford not to pay solicitors.

Court order to enforce the sale.

PhilBees

Hello Adrian. --- Thank you for your response.
My Son would like to keep the House.
After Court fees, Solicitors fees and Sale Disbursements, a Court forced Sale would provide a Settlement figure to his Ex substantially less than what she has currently "agreed" to accept.
Where is the logic in that ?

xylophone

Hello Adrian. --- Thank you for your response.
My Son would like to keep the House.
After Court fees, Solicitors fees and Sale Disbursements, a Court forced Sale would provide a Settlement figure to his Ex substantially less than what she has currently "agreed" to accept.
Where is the logic in that ?

Does your son need to advise the ex partner that he will seek a court order for sale with costs to be awarded against her unless she fulfils the agreement made and signs the TR1?

Thrugelmir

PhilBees said:

Hello Adrian. --- Thank you for your response.
My Son would like to keep the House.
After Court fees, Solicitors fees and Sale Disbursements, a Court forced Sale would provide a Settlement figure to his Ex substantially less than what she has currently "agreed" to accept.
Where is the logic in that ?

That's why the threat needs to be in the strongest possible terms. To focus her attention. 

TBagpuss

If she continues to refuse to sign then he will need to apply to the court under the Trust of Land and Appointment of Trustees Act  - although technically the court would be ordering a sale, this can be a sale to him, (i.e a transfer of equity) and she can be ordered to pay his costs as well as her own. If necessary, the court can also make orders providing that the paperwork can be signed on her behalf by someone else - either the Judge or sometimes a third party such as the conveyancing solicitors.

Depending on the wording of the various offers and agreements, your son may be entitled to the settlement as agreed or may be able to push for a straight 50/50 split if that is more.

Because ToLATA claims most commonly arise between couples, but are dealt with by the Civl, not the Family Court, he may need either the Family or the Litigation department when he contacts a solicitor, but if he explains he needs help to make a ToLATA claim then they should be able to direct him to the correct person, when he makes the enquiry.

It may be that he won't need to actually apply to court, if they send strong enough formal letter to her in the fist instance outlining the consequences of her failure to cooperate she may do so. 

PhilBees

Thank you for your response.
My son instructed a Family Lawyer to the tune of £1700 to reach agreement. He has emailed his Solicitor asking him on on an urgent basis to advise him what to do next.
Surely his Solicitor who is fully aware of the situation should without hesitation, as recommended by yourself, send her a strong formal letter outlining the consequences ?
We await the reply from his Solicitor !