urgent advice needed

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 15:47

hello, im after some advice . me and my ex partner have bought a villa 3 years ago. when we purchased the villa i wasnt in cyprus so the contract is in his name, but the title deeds are in both our names , but waiting for the developer to give us the deeds still not come through. the problem i have is that my ex is now saying i am not having any of the villa. iv been in touch with niomi memet who has said the villa is half mine if my name is on the title deeds which they are. but my ex can sell the villa if he wishes and there is nothing i can do. i have seen a solicitor in england , does anyone know if there is such a thing as an order i can take out in the cyprus courts to stop him doing this, or anyother advice anybody can give on were to go next . thankyou

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/09/2010 15:54

msg.1

You wrote, "...but the title deeds are in both our names , but waiting for the developer to give us the deeds still not come through"

Are you sure you really have the title deeds in both names? How do you know? What proof do you have? This is really the crunch of the matter. Once I get your reply I will advise you accordingly.

ismet

jardap


Joined: 08/08/2008
Posts: 318

Message Posted:
23/09/2010 15:59

We use Naomi Mehmet and she is normally very good,i am sure Elko will give you very good advice,perhaps an

injunction might work Elko?.If nothing else it would slow down any sale,until you manage to sort it out.

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:05

niomi memet told me 2 weeks ago. she has been in touch with the land registery.

Harold2555



Joined: 19/04/2008
Posts: 1139

Message Posted:
23/09/2010 16:07

I too am extremely confident in Ismet's advice but did not Naomi Mehmet give you any advice on this aspect?



Harold

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
23/09/2010 16:09

I am puzzled how can the title deeds be in both your names if the developer hasn't transferred the deeds yet?

The deeds must still be in the developers name surely. If your ex partners name is the only one on the contract

I would think you would have great difficulty proving that half of this property belongs to you in a court of law.

I know this is not what you want to hear but I am being realistic about this. If Naomi has a document in her posession which states that you own half of the property, then that would help. You could try placing an interest of ownership on the property but I understand that this is expensive to do.



The butlers wife

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
23/09/2010 16:16

Catherine Msg 1 Read Message 2 and trust Ismet (Elko2) he is more able than at least 95% of the local advocat's (apart from his wife).

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:19

sorry i have the email here.... it says once your permission to purchase has been granted and the vendor tells us that the site is ready for transfere we will be able to transfere title to you in joint names . this will mean that you each own an equal share of the property and both your names appear on the title deeds? any advice on what this means

MrsSnakes



Joined: 19/12/2008
Posts: 1100

Message Posted:
23/09/2010 16:23

Pepapig..... Are you saying that you both applied for Permission to Purchase and have been granted it or is it just one of you? Is the email from an Advocate? I would of thought that both names would have to be on the Contract and both given Permission to Purchase. Hope you find a solution soon.

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:28

we have applied for permission to purchase in joint names, but havnt come through yet?

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/09/2010 16:31

First of all I must express my gratitude to all thgose who expressed their confidence in me but I am only an engineer and not an advocate



Pepapiq,

It is very clear from msg. 8 that you do not have the title deeds as I suspected from your initial message although you expressed the opposite.



I presume that you do not have a copy of the Sale Contract and most probably it is only in the name of your ex partner. Can you get a copy of the Sale Contract from the Vendor? If your ex partner still owes some money to the Vendor do not expect any help from him because it is in his interest to cooperate with your ex.



Assuming that the above is a true assesment of the situation, do you have any proof that some of the money paid to the Vendor came from you i.e. bank transfer from your account etc.? Assuming that you have such proof and also assuming that the original Sale Contract was registered with the Land Registry Office, then you can sue your ex partner under Order 2 Rule 1 (the short version) and then ask for an injunction to be placed on record with the Land Registry so that the property is not transferred to anyone until the case is finalized.

ismet

MrsSnakes



Joined: 19/12/2008
Posts: 1100

Message Posted:
23/09/2010 16:31

Is it Pre 74 Turkish Title?

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:34

elko 2 , would it be possible to have your email add, so i can send you 2 emails what i have recieved from niomi. i would appreciate your advice.

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
23/09/2010 16:35

re. msg. 8



You quote "once your permission to purchase has been granted" Has/Have permissions to purchase been granted yet? If not, then nobody is going to get title deeds until this happens.

If PTP has been granted, then have the necessary transfer fees & taxes already been paid to the Land registry?

Are all these things yet to happen?

Even assuming all these things have happened, it is apparently still taking up to 2 years for people to actually receive their deeds.

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:36

the villa is paid outright no money is owed on it. and i have proof it came from a joint account.

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:38

elko i do have the contract of sale here.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/09/2010 16:40

msg. 11

Just click on my profile or here: http://www.cyprus44.com/forums/show-member.asp?member=elko2

ismet

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:42

it wont show me your email address cause im a new member saying i need a certain number of points to view your email

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/09/2010 16:46

Sorry about that. It is ismetus@gmail.com

ismet

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
23/09/2010 16:47

thankyou. going to send the emails to you know

0maintenance


Joined: 22/09/2010
Posts: 2179

Message Posted:
24/09/2010 14:59

regıster a debt agaınst the land at the land regıstry and he cannot sell anythıng wıthout removıng thıs debt whıch they call a mortgage out here that wıll safe guard your ınvestment. I thınk ıt wıll cost a couple of hundred pounds ask your solıcıtor.

pepapig


Joined: 23/09/2010
Posts: 10

Message Posted:
25/09/2010 17:02

how . what can that be done if there is no debt oustanding on it anyway?

scruff


Joined: 15/07/2008
Posts: 1070

Message Posted:
25/09/2010 17:59

It not the same as a mortgage in the UK.

It will most likely cost several thousand pounds if you ask an advocate (lawyer) to do it.

No solicitors in the TRNC.