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05 Jan 12 #304682 by josey123
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Hi
I was wondering if anyone out there could advice me what I can do legally if I can with my ex boyfriend. I went to live with my ex September 2010 in Italy my ex was going through a separation but wasn''t consensual untill March 2011 but we started living together in the September 2010.His Wife named me in the separation papers as her husbands adultery with me. He bought a house for me and my daughter that I picked but I didn''t put any money towards it ... My daughter attended an Italian school too. I gave up my home and belongings in the Uk to go to live with him and start a new life but unfortunately it only lasted 5 months and I had to return with nothing . He didn''t help me financially to start again and now he is with another woman and engaged to her, or even maybe married to her only she is using his surname after hers but I would of thought with the italian law he is not divorced yet as far as I know only it takes 3 years in Italy to be separated before filling for a divorce. I have been told by some people that I should of got a solicitor to see if I could of claimed some money from him for the loss i occurred , and the stress it caused me and my daughter . also I would like to know if I will have to attend court in the future if i have been named in his divorce even thou he is with another woman now???

I would like to add to anyone out there who thinks i may be a marriage breaker , he was living with his wife when i met him but he told me that he was separated for 3 years but still living under the same roof as her for financial arrangement and for the sake of his son who was 6 years old. Which I do believe was true but she has named me I think for money reasons.. But if she can prove we were seeing each other when he lived with her then i suppose she has a case even thou he says they were not in a relationship for 3 years just cohabiting under the same roof...H was Italian...

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05 Jan 12 #304684 by Fiona
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Don''t know about Italy but in England & Wales you wouldn''t be able to claim anything because you weren''t married and you wouldn''t need to attend court unless the divorce was defended. IF a property is held in joint names it is assumed that each party holds an equal share unless the deeds state differently.

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05 Jan 12 #304685 by josey123
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Hi Fiona

Thanks for the reply , sorry but was does defended mean? or by whom? I wouldnt know about the deeds I never saw them only the plans that he had on the outlay of the house.

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05 Jan 12 #304687 by Fiona
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A defended divorce is when the respondent spouse contests the allegations given in the divorce application as the reasons for the marriage breaking down.

I seem to remember that in Italy adultery isn''t actually a ground for divorce although I think you are correct, it could have a financial impact.

You should really check out the legal position in Italy in case cohabitants have any rights to claim financial provision. Every country is different and here in Scotland cohabitants do have limited rights so on the basis you had relocated and perhaps given up a job for the benefit of the relationship you might have been able to claim something if you lived here.

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05 Jan 12 #304726 by josey123
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Hi Fiona

Thank you again for your advice, would you know what web site i need to go on to find out about the legal position in Italy?? Also do you know if it is still 3 years before you can get a divorce or 1 in Italy ?

Josey

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05 Jan 12 #304800 by Fiona
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The European Judicial Network website has good basic information about divorce in the EU member countries in the different EU languages (the translations can be rather strange and if you can it''s better to read the original language version.) However, you need more detail and should check out your situation with a lawyer with knowledge and experience of Italian family law to find out where you stand.

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