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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My dad travelled holiday but now he is stuck in that

Customer Question

My dad travelled for a holiday but now he is stuck in that country due to a civil war . There are no transport links and really no means of communication.
His wife ,in the Uk has been to court and claimed his properties in his sole name.
This has been signed by a judge.
Firstly can she do this ? How can a judge just hear one side of the story and give her everything ?
She has also been granted the properties in both their names. I don't think she has been completely honest with the court because she has an income from the family home and a business she runs. I also think she has not declared properties abroad in Spain and Egypt.
There is no way of getting any authorisation from my dad in means of forms as he is stuck in a remote village and even to get a reply to a text message usually takes 2 days as he has to walk up the highest mountain in that village .
My main question is that ,can his ex-wife get all his properties, would the judge really sign them over as she has shown me some papers without hearing the other parties story ?
Can someone help please ?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhich country is your father in and how long has he been there?What makes you think that Orders have been made by the Court?
Customer: replied 1 year ago.
Hi Clare ,
Thank you for your response .
My father travelled to Yemen because his sister was diagnosed with Cancer so he travelled to visit her.
He has been there since November 2014
She has sent my brother a ' General form of order Ancillary Relief , A TR1 form Transfer of whole of registered titles and on this form it is signed by the district judge on behalf of my father .
I don't know if these forms are correct or a fraud but they look genuine , but i don't know anything about these proceedings and in need of help and advice .
She must of falsified some information to claim all this because she has more money than him . She has sold a property in the last few months that was in one of my brothers name , she has a industrial steel painting company with major contracts around the country ,and income from flats at her residential home .
Expert:  Clare replied 1 year ago.
What steps has he taken to try and get home?Were the divorce proceedings started before he went?
Customer: replied 1 year ago.
There is absolutely no way of leaving the country , he is stuck in a remote village. The airports are destroyed and there are no links in or out of the country .
He has said as soon as the first means of transport out of the country becomes available then he will be on it, but it does not look hopeful.
They had the divorce before he left the country by a good few months , and all she wanted was her property she wanted him to give her full ownership of the residential home , but didn't want to go to court because she would have to split all of her properties between them .
Expert:  Clare replied 1 year ago.
Who did he leave in charge of dealing with his affairs?
Customer: replied 1 year ago.
Well my elder brother usually deals with his affairs , but none of this was apparent whilst my father was here. She only started all these proceedings for the properties etc after he left.
My brother now has confirmation from my dad to act on his behalf but only by text message.
Expert:  Clare replied 1 year ago.
Was your brother not aware of the court paperwork arriving?
Customer: replied 1 year ago.
Hi Clare sorry for the late reply, i have just finished work .
My dad really didn't appoint anyone to handle his affairs or leave anyone to represent him.
It was only the other day that my step mother showed my elder brother the court paperwork after she had been going to court for a while. She only showed him the paper work after she had done everything.
She knows that my dad cant get out of the country or receive any form of communication.
So after she had completed all her proceedings she showed my brother the paperwork from the court and it was then he contacted my dad via text message,but it was too late to act, but we didn't have any form of documentation in our hands from our dad to represent him and its impossible to get any forms signed by him due to the situation he is in, in Yemen.
Customer: replied 1 year ago.
So no my brother was not aware of the court Paper work arriving .
Expert:  Clare replied 1 year ago.
Have you checked his last address for any paperwork?
Customer: replied 1 year ago.
No we haven't checked his house for any Papers , but would it of made any difference if he has been sent any papers and he is out the country ,obviously he hasn't seen any.
Expert:  Clare replied 1 year ago.
i understand that - but the Court had no way of knowing that.Was his ex well aware that he was abroad?
Customer: replied 1 year ago.
Oh yes she is fully aware of him travelling and she even sent him some texts about the kids before the civil war broke out.
She also sent him some abusive texts because she heard rumours that he remarried out there.
She is also fully aware of the civil war .
I assume that she made the court aware that he is out of the country and that's what has baffled me , wouldn't the courts need him to be present and how would the judge sign on his behalf ownership of his properties to her .
Expert:  Clare replied 1 year ago.
Much depends on what had already happened - you will need to access hi property and his post and see what has actually happenedThe starting point is to access that paperwork as soon as possible
Customer: replied 1 year ago.
My brother has a copy of the documents now and has taken pictures and sent them to me on my phone.
Expert:  Clare replied 1 year ago.
GoodYou need to work through them and see when orders were made and what efforts were made to serve your father.It will be possible to set Orders aside once your father returns to the Uk - so for now you need to simply get an understanding of what has happened and when
Customer: replied 1 year ago.
Hi Clare i have asked my brother to search my fathers papers and he has said that documents had been sent to my fathers address in July 2015 but my father was already in Yemen .
I believe his ex had tried to reach my father via text messages whilst in Yemen , that's the efforts that were made to serve him .
Today my brother received a letter in his name from her solicitors to ask for the keys for my fathers property and all details of the tenants and income.
All of this has happened within the last few months whilst my father was in Yemen .
How do we get to communicate with judge to let him know that my father is in Yemen and has been since November 2014, and would this have any affect , or who do we contact ?
This case needs to be looked at urgently and for someone to study it thoroughly , there must be something we can do as it dosent seem fair.
Expert:  Clare replied 1 year ago.
Hi
Is there any way at all that your father can reach an internet connection - any way whatsoever?
Clare

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