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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Savings/property abroad

  • CatandMouse
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19 Aug 12 #350588 by CatandMouse
Topic started by CatandMouse
Hello,

This is my first step in trying to find out where I stand with finances. My civil partner and I are separating. My partner is a Turkish national and intends to return for good when she has a flight booked already at the end of September. We haven''t discussed anything yet- in fact we''re hardly talking. I don''t know how the divorce (or whatever it is called for a CP) will work but I''m also very concerned about the money side of things.

To explain about the finances: we entered a CP 2.5 years ago. I had £10,000 inheritance from my grandmother. She got £10,000 from her parents and then we put it together and bought some land in Turkey under her sister''s name. In addition we got a further £12-15,000 in loans, the first ones in her mums name in Turkey and the last one which we''re still paying is through my partner''s work and she pays it through her wages.

The land that we bought in Turkey is part of a apartment block which has just started construction so the value will increase steeply over the next 4/5 years until at the end of it we would have a luxury apartment worth approx £250,000. If we sell it now we will get about £80,000 so I know my partner won''t want to sell but I really need the money I invested, I have nothing else of my own.

Before I discuss this with her (she hasn''t brought the topic up yet and she''s the one leaving)- I really need some idea of what I''m entitled to and if she tries to keep everything, will I have any law on my side???

I realise the situation seems a bit ridiculous- NOTHING is is my name and it doesn''t help either that CPs aren''t recognised in Turkey, so I have no legal connection to my partner there. I really don''t know where to turn- any help would be very much appreciated!!!

  • TBagpuss
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22 Aug 12 #351083 by TBagpuss
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I think you need to find a lawyer with experience of dealing with Turkish Law. A court in this country could make orders relating to the Turkish property, but as the actual assets are in Turkey, you would then need to enforce them in Turkey.

From this note, it suggesta that Turkey would not enforce an Order made in the Uk relating to a Turkish property, so you would need to consider applying in Turkey in the first place (for the finacial order) international.lawsociety.org.uk/node/11503

This does complicate matters,and that fact taht Turkey doesn''t recognise CP''s is a further complication. I recommend that you speak to a Turkish Lawyer or one with dual qualifications ASAP. It''s my understanding that Turkish property law is extremely beaurocratic and disputes can be very very slow, so I would alos strongly ercommend trying to reach an agreement with your wife, if at all possible.

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