Q&As

A consent order provides that legal title to a jointly owned property is to be transferred from A and B to A, but A and B will both remain mortgagors. What procedure should be used to enforce the court order if B refuses to comply with the terms of it?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 20/07/2018

The following Property Disputes Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A consent order provides that legal title to a jointly owned property is to be transferred from A and B to A, but A and B will both remain mortgagors. What procedure should be used to enforce the court order if B refuses to comply with the terms of it?

A and B have agreed, and that agreement is reflected in a consent order, that the legal title in a jointly held property will be transferred from A and B to A alone although both A and B will remain mortgagors. If B refuses to comply with the order the steps which A can take to enforce the order will depend on the form of the order.

It the order is in conventional form and provides that the property be transferred from the joint names of A and B into the sole name of A, and B refuses to execute the necessary transfer then A can bring an application to the court seeking enforcement of the order. This will often be by way of an order requiring B, the defaulting party, to execute the transfer within, say, seven days ie that the order be specifically performed, and in default thereof that a Chancery Master be authorised to sign the same on his behalf.

If the order was in Tomlin Form the order itself only prov

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