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Old 18th August 2013, 15:52   #1 (permalink)
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Tapu Problems

I married my Turkish husband in 2004. We have 3 children 7 years, 6 years and 9 month baby and all live in the UK.

In 2004 my parents bought a property in Turkey and the Tapu was in my father's name.

My parents divorced and my father was on a flying visit to Turkey and to save time with my mother going through the military checks and him having to return back again after 3 months, decided to put the Tapu into my husband's name - BIG MISTAKE. There was nothing in writing that my husband only had the Tapu on a 'trust only' basis.

Within 3 months of the Tapu being in his name the problems started, so I instructed a Turkish Lawyer and the Turkish Court placed an Injunction over the house and made it into a Family House which meant that we could all legally use the house. It also prevented my husband from being able to sell it or take a loan on it.

Husband now has British Passport, abandonded me and his 3 children 6 months ago, he has refused to pay any maintenance so the C.S.A. have place an Order to garnish his wages. He is now living the single life in the UK, clubbing, women, gym, holidays back to Turkey etc, doesnt bother with the children. He refuses to sign the house back and I am struggling financially.

My Turkish lawyer has told me that if I divorce husband in UK I must mention Turkish property otherwise upon husband registering the divorce in Turkey, the Injuction will fall off and I will have no protection. He did say if I go over to Turkey and give my full Power of Attorney, he will ask the Court to consider giving 70% to me, but I have been threatened by him and his family that if I go to Turkey my life is at risk. My solicitor also said never to bring the children to Turkey as he could refuse to let them leave.


Also, I no longer have any contact with my father whatsoever due to issues of abuse and would never ask for his help.

Can anyone offer me advice on how to get this property back or am I banging my head against a brick wall.
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Old 18th August 2013, 16:02   #2 (permalink)
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Re: Tapu Problems

you do not need to go to Turkey to give POA . And in any case surely Turkey is a big big place ,you could go to another city & instruct a different lawyer and the next day be on a plane back to the UK without his knowledge you even went .

Power of attorney

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Old 18th August 2013, 16:13   #3 (permalink)
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Re: Tapu Problems

Evo,

I did mention this to my Turkish lawyer about sending my POA, but he told me that as there's a property and children involved, I will have to go personally. I am only going on what he's told me.

Also, I dont really want to use another Turkish lawyer as the one I am using knows all the long ongoing history of the case.
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Old 18th August 2013, 17:23   #4 (permalink)
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Re: Tapu Problems

Yes I see what you mean . I still don't understand how he will know you have arrived ?. I mean its not like he can stand at the A/Port every day to see if you arrive . Could you land at another city and travel to where the solicitor is ?.
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Old 18th August 2013, 17:46   #5 (permalink)
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Re: Tapu Problems

I am very sorry to hear about your troubles - isn't if just unbelievable that the minute the property was put in his name he up and left - what sort of man is he to abandon his family just like that - so take some comfort from the fact that you are well rid and thank god you have the injunction - he is going to end up with a lot less than he was first expecting!
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Old 18th August 2013, 19:25   #6 (permalink)
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Re: Tapu Problems

Hi joanne..what a rat..im really sory for your problems..you are well shot of him.. but its a shame for the children to have such a father.
i also think as has been said that he doesn't have to know you are here
..and in any case you can go to the police and report his threats..you can also take an injunction in Turkey to keep him and his family away from you while you are here.
your solicitıor seems to be on the ball getting an injunction for the property very quickly

however the sticking point could well be that the tapu is in his name ..(i would feel like burning the place down if he gets it )
i think you have a long battle on your hands and wish you all the best...and i also think that you should not bring the children here.
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Old 18th August 2013, 19:40   #7 (permalink)
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Re: Tapu Problems

It is very scary to believe a father/ husband can behave like this.
You can bet his family had a saying in this.
What a - anker.
Marriage. Is like a pack off cards
In the beginning all you need is 2 hearts and a diamond
Then after a few years all you need is 2 clubs and a spade

Good luck
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Old 19th August 2013, 10:21   #8 (permalink)
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Re: Tapu Problems

Thanks for all your replies, I feel me and my family were groomed by him.

I am a well known face in the community so it wont take long for word to get around. He is here in UK, but his family are pure evil and all it takes is a phone call.

I was just wondering if there is any way around getting the tapu out of his name as it was never morally his in the first place.

Thanks everyone.
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Old 19th August 2013, 10:33   #9 (permalink)
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Re: Tapu Problems

Quote:
Originally Posted by joannebloggs View Post
Thanks for all your replies, I feel me and my family were groomed by him.

I am a well known face in the community so it wont take long for word to get around. He is here in UK, but his family are pure evil and all it takes is a phone call.

I was just wondering if there is any way around getting the tapu out of his name as it was never morally his in the first place.

Thanks everyone.
I don't think so and actually the current status (i.e. family house) would probably be considered to be fair because even though he is a rat he is still currently your husband and the childrens' father - the best way forward might be for you to divorce him and get your share of the sale proceeds of the house - mabye you could use the same Turkish lawyer you instructed to place the injunction on the property to start the proceedings? Thank goodness you got the injunction!
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Old 19th August 2013, 10:59   #10 (permalink)
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Re: Tapu Problems

Sounds to me that you have 2 choices . Find a Turkish solicitor in UK to liase with your one in Turkey & start proceedings from UK ,or go to a different city in Turkey and find a solicitor there and start everything from there & fly home .
Its the only option if you are frightened to go near your solicitor in Turkey .
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