Ancillary relief order

[Dteveb58]

I have an ancillary relief order that is now 20 years old, which states an amount is payable upon the sale of the former matrimonial home.
As my ex wife still resides in this home, and therefore, not been sold, I have 2 questions...
Can I enforce this order, given the duration of time I have waited?
If this is not possible, how can I ensure that payment will be made should she pass away, or if I were to pass before her?
NB. As I had no funds for a solicitor, the order was not charged to the land registry at the time.

[atticus]

To answer that, it will be necessary to consider the exact wording of the order.

[Dteveb58]

Thank you for your reply, the order states.......... "By consent, it is ordered that...
4. The applicant to pay the respondant a sum of £..... upon sale of the former matrimonial home, such sum to be increased in line with the Retail Prices Index from this date hereof until payment date.
9. Clean break in life and in death.
This is the exact wording of the order. The other items are no longer relevant.

[atticus]

In whose name is the title to the property registered?

[Dteveb58]

It is registered in the applicant's name - my former wife!

[atticus]

Have you had any communication with her about this?

Are there any charges registered?

Sorry to keep asking questions. I think you probably need to take legal advice on the best way to secure your position. There is a good deal of information to be gathered to enable the best advice to be formulated.

[Dteveb58]

No, unfortunately not. We did not part on good terms, so an amicable arrangement would be out of the question. I do not wish to harass her about it, but I would like to get this settled as my health is declining and patience is wearing slightly thin.

[Dteveb58]

There are no charges on the property, no mortgages or anything, as far as I could ascertain from doing a land registry search.
I was hoping that I would not have to go down that route, as the amount is not large and would potentially be swallowed up in legal costs, which is why I posted here.

[atticus]

Well, you could try communication, trying to agree an amount to be paid, perhaps over a period of time. If, as you say, the amount is not large, this might work.

[Dteveb58]

The sum is relatively small (very low five figures), but this option would not be well received.
Is it possible to attach the court order to the title of the property, via the land registry, for enforcement, should she pass?

[Dteveb58]

I have judt found out the property has now been sold, so the question now is how do I enforce this court order. Do I have to go to the court to get it enforced?

[atticus]

Oh dear. When was it sold?

[PallasAthena]

The sum is relatively small (very low five figures),

Before or after adjusting for inflation using the RPI? 20 years of RPI inflation will more or less double the original amount specified in the Order.

[Dteveb58]

It was sold in September this year.

[atticus]

Then you need to trace the lady so that you can request payment, and if necessary take enforcement action.