urgent help needed please

cathy1


Joined: 14/06/2010
Posts: 11

Message Posted:
15/06/2011 17:03

hello my name is catherine i live in the uk and im a single mum of a 2 year old little boy, firstly i would like to tell my story, im not looking for sympathy im just looking for someone who would be willing to help me or give me advice as i dont know where to go from here.

my ex partner left me and my son last year for another woman, but in 2007 we bought a villa out there it was meant to go in joint names but niomi memmeht said there was something wrong w ith the signing. so it went in my ex partners name. and our permission to purchase has come through in joint names to take title, now he saying im not having any claim on that villa as the contract is not in my name. i have spoke to a law firm over there who has got the title deeds and she says my name is on title, but i cant apply without his signature and neither of us can apply without each other. he knows once we get the title deeds its half mine. what can i do about this.

aruzhan


Joined: 11/03/2011
Posts: 146

Message Posted:
15/06/2011 17:45

Try an advocate Funda Emin

She deals with all court cases , knows a lot about difficult sitautions here , and am sure can help you.



fundakusadali@superonline.com



0392 815 45 21

0542 856 11 09



She is very busy but hope she will find time to help you.

nurseawful



Joined: 06/02/2009
Posts: 5934

Message Posted:
15/06/2011 17:45

Catherine,

I think the best think you could do was employ a different solicitor from your husbands and get them to sort it out.

Good Luck I am sure it will come right at the end.



Chris

p.s. Someone will come on and give you a solicitors name I would imagine.

Sundance


Joined: 15/07/2010
Posts: 213

Message Posted:
15/06/2011 17:56

Hello Catherine,looks like you and your ex both need each others to sort this out, the advice being given by message 3 looks very good advice to me, iv been throught what your are going throught and I know it can get unpleasant, I wish you luck.



Sundance

cathy1


Joined: 14/06/2010
Posts: 11

Message Posted:
15/06/2011 18:04

thanks for the advice, niomi as already told me she cant act for either of us. iv spoke to okay law firm who has the title deeds she said she could help me ie to take him to court over there but i just dont have the funding, he is also trying to get me and our son out of the house in the uk, luckly i have a solicitor over here and we have legal aid. as you can see im stuck

Erkin


Joined: 15/06/2011
Posts: 339

Message Posted:
15/06/2011 18:11

Hi Apply to the court for an injuntion to stop your old partner from selling the property without your permission and for the court to appoint a bailef to sell the title deed on joint basis and the court to divide the sale into both you and your ex.If you give power to your lawer here via a lawer in the uk, he can apply for the injuntion.

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
15/06/2011 18:21

to be perfectly honest Catherine, Lawyers will not help here.

If you have already paid for the house and it really is in both your names then the only two people who can sort this ... are you two. If you can't agree on anything, your investment will be eaten up by long winded legal disputes and neither of you will come out of it with anything. Legal Aid will also want to know what foreign property you own and what the value is.

It can get complicated if your name is not on the completed Deeds. TRNC is not in the EU. Was he just a partner or were you married? I suspect that TRNC Law will prevail here. And it goes on ... and on and on ... both drop the stubbornness and agree to disagree on some things

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
15/06/2011 19:10

Oops ..

I forgot to mention that the Taxman should have been informed about any overseas property, especially if it has rental income being produced from it!

If solicitors bills remain outstanding in the TRNC because a dispute, they are able to place their own Memorandum against property and could in the worst case scenario have it auctioned off to clear their bills.

Hmm, otherwise best of luck!

cathy1


Joined: 14/06/2010
Posts: 11

Message Posted:
15/06/2011 19:12

thanks john for your advice . iv asked for a copy of ptp. fingers crossed !

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
15/06/2011 19:46

Naomi Mehmet says there was a problem with the signing - whose fault was that, hers? If she applied for PTP in joint names but didn't get both to sign the contract then she is at fault.

If another advocate has told you the deeds are in joint names then the signing of the contract is irrelevant however, if you have only just got PTP then I don't see how there could already be deeds in either name.

Very confusing indeed and I fear the only way you will be able to sort anything out is to come here and see what is what for yourself rather than relying on the say so of various advocates who are bound to contradict each other.

Good luck and I do hope you are able to get things sorted out.

cathy1


Joined: 14/06/2010
Posts: 11

Message Posted:
15/06/2011 20:26

iv asked her about the contact ? and funny enough she doesnt have this anymore? something doesnt add up here iv had an email saying ptp has been granted in joint names and we are ready to take title. maybe your right i should come over and see for myself

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
15/06/2011 20:43

It appears that information is a little muddled here.

Any Lawyer worth their salt keeps copies of all documents relating to a property purchase and the Contract is essential. If your name is on the property purchase contract, then all is well, initially anyway.

You could try and sell your half of the property by assigning your rights under the Contract of Sale. This will require the signature of the landowner/developer.

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
15/06/2011 20:49

If your contract has been registered at the Land Registry then you could probably get a copy from there.

erkon1


Joined: 15/06/2011
Posts: 1

Message Posted:
15/06/2011 23:29

the permission to purchase is irrelivent at the end of the day the person who is named on the contract is in the driving seat and can re apply in sole name and no matter how many costly injunctions you try to get if your name is not on the contract there is nothing really you can do unless you want a protracted legal battle in cyprus to prove you actually have a claim to the property