Ex-partner refusing to sign ID1 to transfer property

<p>Dear Adam</p> <p>I came across this thread and would really appreciate your help in a similar situation. Thank you for your advice in advance.</p> <p>The Court has ordered the joint property to be transferred from joint names to my sole name. The other party is not cooperative in completing the ID check. The order also states that the In the event that the respondent fails to sign/complete any documents required of him to enable the transfer to progress within 5 days of request to do so, the documents shall be completed/signed by the conveyancing solicitors and where this is not possible by a Judge or Court Officer under section 39(1) of the Senior Courts Act 1981.&#160;</p> <p>Is the court order sufficient evidence of being unable to complete the other party's identity check? If not, what other evidence does the HM Land Registry require?</p> <p>Many thanks</p> <p>Hanna</p>

Dear Hanna - sorry to read of your issues here as well.<br> In my experience the courts are quite clear as to what the parties are 'ordered' to do. If they fail to comply with the order then the usual recourse is go back to the court to explain, prove that they have not cooperated fully, and the judge then executes the transfer instead, if satisfied of course.<br> You can then apply to update the register with the executed transfer. No identity verification is then needed re the other party or the judge&#160;<br> I have not come across the scenario where the court orders that the documents shall be completed/signed by the conveyancing solicitors. But please do check and seek legal advice on what the order actually allows for and what the court process might be

Dear Adam,<br> <br> Many thanks for your reply.&#160;<br> <br> When you say &quot;the judge then executes the transfer instead&quot;, do you mean the Judge signs the transfer form TR1? The order states that a Judge or Court Officer will sign the forms under section 39(1) of the Senior Courts Act 1981 if he is not cooperative. The Court Order does also say that&#160;the documents shall be completed/signed by the conveyancing solicitors and where this is not possible by a Judge or Court Officer.&#160;<br> <br> My issue now is that the conveyancing solicitors I approached all said they want to verify his identity first, which is impossible because he is not cooperative.&#160;<br> <br> Just to make sure I understand the process clearly in this situation. As long as a Judge signed the TR1 form, I&#160;can then apply to update the register with the executed transfer. No identity verification is then needed re the other party or the judge.&#160;<br> <br> Many thanks for your help<br> <br> Regards<br> Hanna<br> <br> <br> &#160;