Ex-partner refusing to sign ID1 to transfer property

My ex-partner is abusive and has been financially abusive me for years, I am in the process of applying for an anti-molestation order. We jointly own a home but she has not lived here for over 6 years as we are divorced. In June 2023 she received a financial pay out for her share in the property and this was authorised by the court via the financial order. She has signed the TR1 form but she is refusing to sign the ID1 form and this is holding up the transfer process, I understand we cannot submit the forms without this. I am currently paying an 8.3% interest rate on the mortgage as I am unable to remove her name and start a new mortgage product. This has been going on for almost 6 months as she has been deliberately stalling the process. I am a single parent and this is putting a huge amount of pressure on me financially. My new mortgage offer expires on December 30th. On top of this she is a drug user and currently has no solid address so its very difficult to track her down. Even when I do manage to speak with her she refuses to cooperate. She is unrepresented as she got legal advice at the beginning of our divorce and once the divorce was finalised she didn't pay the solicitor so owes them money. My question is; can we submit the transfer without the ID1? My family solicitor said she spoke to a Land Registry officer on the phone and they said it would be ok if we submit it with an explanation but my conveyancer says she will not submit it without written confirmation from the Land Registry. Please can you advise me that we can submit the transfer without the ID1 in this case?

Rebecca - I am sorry to read of the issues you are facing.
The conveyancer can submit the application with an explanation as to why the required identity verification is not present.
I would suggest that they also including supporting evidence as proof of the court action also
The applicaiton will then be considered on merit and if 'more' is needed then a request issued as appropriate.
If the conveyancer needs that confirmed in writing then they should contact us directly through the usual channels. I note that you have duplicated this enquiry through the same contact channel 

Hi Adam

Thank you for your reply, she has already submitted an enquiry asking for written confirmation - Enquiry Reference: 241128-4081091 however she did not get the confirmation and the answer was quite vague.
She is reluctant to submit the forms without confirmation as this could release the funds too early.

Are you able to provide this written confirmation?
What kind of supporting evidence would you expect to see in a case like this? Text messages from my ex partner refusing to sign?

Thanks so much 

Rebecca - answers to such Qs will often appear to be vague as we won't be definitive until the actual application is submitted. Each one is treated on merit so you won't get written confirmation before submitting. 
If she is refusing to sign/have her identity verified and a court order has already been issued with regards the change of legal ownership, then your conveyancer may wish to go back to court for the judge to then issue a further order or perhaps complete the transfer in place of your ex-partner.
The supporting evidence I referred to was the court order, not text messages
 

I understand, thank you for your reply.
Going back to court is something I have considered but it will cost thousands and will take months and as I explained above it is putting me under extreme financial pressure being on the 8.2% interest rate.

With this in mind would you recommend submitting the paperwork without the ID1 including the court order?
Is it likely the Land Registry would consider accepting an application without an ID1 in a case like this?

Rebecca - we would accept the application but whether it can then be fully processed without more would be decided on merit.
If the conveyancer provides a clear confirmation as to the circumstances around the ex-partner refusing to verify their identity; the transfer is properly executed; and supporting evidence is provided to confirm that court's involvement then all of that will be considered on merit.
We simply cannot be definitive on such matters without seeing the actual application and paperwork. 
Please note that your contact form enquiry will also receive a response but I would expect it to also confirm that we can'r be definitive re such matters for the same reason(s)

Dear Adam

I came across this thread and would really appreciate your help in a similar situation. Thank you for your advice in advance.

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. 

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?

Many thanks

Hanna

Dear Hanna - sorry to read of your issues here as well.
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.
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 
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,

Many thanks for your reply. 

When you say "the judge then executes the transfer instead", 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 the documents shall be completed/signed by the conveyancing solicitors and where this is not possible by a Judge or Court Officer. 

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. 

Just to make sure I understand the process clearly in this situation. As long as a Judge signed the TR1 form, I can then apply to update the register with the executed transfer. No identity verification is then needed re the other party or the judge. 

Many thanks for your help

Regards
Hanna