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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My father and step mother, both British are going through

Customer Question

Hi,

My father and step mother, both British are going through a divorce here in the UK. During that marriage they purchased a Turkish property that was in my step mothers sole name, however my father paid the mortgage (we have bank transfers to confirm). She tried to sell the property at an undervalue to her friend and has used the money to clear her debts, we therefore put a restriction on the property so that it cant complete.

The court here in the UK has instructed me to put a stay on proceedings in Turkey until she has answered further questions. I was wondering if I have to comply with what the UK Judge says in Turkey or is it totally seperate law and I can dispute what he says? My father is at risk of losing £56,000 that she has used to clear her debts, not ALL marital debts.

Really appreciate your help and guidance

CM
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assets are there in the Uk?
Clare
Customer: replied 3 years ago.
There is hardly anything, just a house that was a marital home and no equity in it, that's it really. We offered to buy the apartment from her and she refused thus selling it to a friend at under value
Expert:  Clare replied 3 years ago.
Hi
I am a little uncertain what it is that you have been told to do - and where!
Clare
Customer: replied 3 years ago.
In turkey we put a restriction on the property and the uk judge at the hearing told us to halt proceedings in turkey. Can he make me remove the restriction in turkey in the uk or are they totally different laws?
Expert:  Clare replied 3 years ago.
Hi
what is the eventual aim of the Turkish proceedings?
Clare
Customer: replied 3 years ago.
That she Ives us half of the money that she recievers from the proceedings of the sale or that she sells it to us and we buy her half
Expert:  Clare replied 3 years ago.
Hi
has the UK Judge asked your father to simply Stay the turkish proceedings - as in delay them - or dismiss them?
Clare
Customer: replied 3 years ago.
Just a stay, but I am worried that when we get to the next hearing he will say that I have to stop the whole process, this my father will get nothing!
Expert:  Clare replied 3 years ago.
Hi
The Judge will not say that - and if he did it is not enforceable.
The Judge is simple seeking to hold the current position without creating more confusion.
The only basis on which the Judge may suggest that the Turkish Process would be withdrawn is if there is a settlement here in the UK which reflects your fathers entitlement
I hope that this is of assistance - please ask if you need further details
Clare