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38 Days to Homlessness after Divorce

  • InjusticeinEurope
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08 Nov 08 #63556 by InjusticeinEurope
Topic started by InjusticeinEurope
Hi,
I am happy to have found this forum. Hopefully I can help one or two others while seeking some help myself.

I should say although I am English I live in Spain at least for the next 38 days when a return to the UK is likely.

This is not a happy tale ending 16 years of marriage with my ex-wife getting everything. I mean everything.

Why? Because the court order made in the UK was based on a valuation of our Spanish property (written in Spanish which the judge could not read) and a penalty of 8% interest if I could not sell the property. The interest rate in Spain was 3% at the time.

Anyway despite my ex having a property in England, paid from our savings, she was granted a sum out of the Spanish property. It has not been sold and now due to the interest accrued she will get everything when it goes to a "public auction" in 38 days.

So if anyone has advice on the conflict between whether or not an English Court has juristiction over a Spanish property let me know. I have conflicting advice and now time is running short to say the least.

Lastly, in case you are wondering. I loved my wife and nursed her back to health after a brain hemorrhage. I would gladly give her a just amount but now it is not possible.

If you would like to read the unfolding story visit my blog here.
injusticeineurope.wordpress.com
:woohoo:

  • LittleMrMike
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08 Nov 08 #63559 by LittleMrMike
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I think the answer to your query is that, if the divorce is being dealt with under English law, then yes, the Spanish property could be redistributed.

But surely to goodness, she can't get EVERYTHING, can she ?

What happens to the proceeds of sale of the Spanish property when it is sold ?

I can't comment unless I had details of the assets available for distribution and the order the judge made.
I find it almost inconceivable that a judge would reject a valuation because (s)he did not understand Spanish. If I had been the judge I would have called for a translation carried out by an independent agency or get an agreed translation, because it is so crucial to the case.

I know English law is most wife-friendly jurisdiction in the world, but this seems a bit much even for an English judge.

Mike

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08 Nov 08 #63566 by InjusticeinEurope
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Mike,

He, the judge DID accept the valuation even though he could not read it and it was incorrect in a big way. This is a rural property and the valuation (later revised downward and translated) included some added value for future development that is impossible here...this is agricultural land!

I think he thought a block of flats or a hotel could be built there!

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