How does one remove an ex partner from Kocan

Lemtich



Joined: 15/02/2007
Posts: 1487

Message Posted:
22/05/2011 22:07

My wife and I have a Kocan for an apartment issued in both names but we legally seperated in the UK in November 2009. The UK Deed of Seperation drafted by our solicitors assigned the property in North Cyprus solely to me in exchange for me relinquishing my share of the UK marital home and I have given a copy of this to my TRNC Advocate. My 2 year separation no dispute divorce is due to go through starting in November this year, but how do I remove my ex wife from the Kocan. My friend here in North Cyprus holds power of attourney for my ex wife. Is there a simple way of doing this? Elko's advice in particular would be most welcome or that from any one else who has been in a similar situation. Many thanks in advance.

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
22/05/2011 22:37

Hi love I hope and pray Elko can help you. How are you xxxx

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
22/05/2011 23:26

Lemtich (mess 1)



I wish I could help you! One of Leonard Cohens songs would show you the way



It will bring it back up! so someone can come forward who's up there with the law in the TRNC :-(



Good Luck



X

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
22/05/2011 23:44

Lem no expert but I think if both parties agree then it should just require a visit to the land registry office with yourself and person with power of attorney for your former wife, with relevant paperwork. There would be taxes due for such a change and I think these are significantly lower for transfer to 'close family' compared to non family but how your ex wife would be considered in such a case I do not know.

stellasstar1



Joined: 02/07/2008
Posts: 1519

Message Posted:
23/05/2011 12:54

I think you need to get advice from a solicitor. When my husband and I split up, we only had the PTP, but had to start all over again, with just me applying for PTP on my own. That was 4 years ago, so things may have changed since then. They needed documentation from the court, saying I had been granted the apartment in the divorce, new contract from the builder, etc. etc............................

Elliecy


Joined: 21/07/2008
Posts: 153

Message Posted:
23/05/2011 15:39

Stellastar1 is right. A friend is in the process of doing this and he has had to start all over again and re-apply for the PTP soley in his name, but obviously needed the supporting docs. Once it comes through he can then apply for the Kocan etc. Speak to your solicitor and they will advise/sort it out for you but it does take quite some time I think.

stellasstar1



Joined: 02/07/2008
Posts: 1519

Message Posted:
23/05/2011 15:51

I should just add, that I did get PTP eventually in my name only - last Friday.!, going to the solicitor tomorrow.

yrret


Joined: 17/08/2010
Posts: 761

Message Posted:
23/05/2011 15:58

Looks like typex and biro might be the easiest option then Lem

stilluvithere



Joined: 03/12/2008
Posts: 765

Message Posted:
23/05/2011 16:52

Hi,

I had the same problem a few years ago and I went to see Unsal Gurok the noter near the law courts, he sorted it out quickly and the cost was minimal.

Zoots


Joined: 05/02/2011
Posts: 669

Message Posted:
23/05/2011 17:52

I would like to point out there are some stable and happily married members here who nevertheless put the in their name only!

j555kes


Joined: 08/10/2008
Posts: 14

Message Posted:
23/05/2011 18:06

As usual here there seems to be a difference between what people have found,

Could it be if the Kocan has actually been issued in both names it is easier than if you are still waiting for the Kocan?

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/05/2011 20:13

Hi Ken,

Sorry for late rersponse, just spotted it.

1. You will need PTP for the whole house but since you already own half of it, the PTP should come through very quicky as long as somebody chases them.



2. The POA should do the trick but don't tell the tapu that you are divorced. Transfer fee between spouses is 0.4%. Normal transfers 6%. I presume that you already used your one off right of 3% transfer fee.



My wife tells me that in divorce cases they do the transfers prior to divorce, otherwise the higher rate would apply.

ismet