Kibkom North Cyprus Forum

Hi

I purchased my property in 2005 and have a Kocan with myself and my ex wife's name on it. In 2009 we separated and she signed a legal agreement in the UK to relinquish any claim to the property in the TRNC. We then divorced and in 2012 I remarried and I now wish to add my new wife's name to the Kocan and have my ex wife's name removed. I can provide all the certificates and agreement but they are all UK documents. How difficult would it be to do this, would TRNC officials accept these documents? Any advice would be appreciated.

wouldn't it be easier and cheaper just to make a new will leaving the house to her if you pass away?,
just a thought.

I would think that your new wife will have to apply for Permission to Purchase in the normal manner then purchase your ex wife's share from her with each of them paying their relevant taxes. As flowerfairy suggests much better to not go down this path!
TRNC officials will not accept any UK documentation unless it has been ratified at the TRNC embassy in UK. It might be worth investigating the possibility of putting the Kocan wholly in your name as they are more likely to accept a transfer from wife to husband without taxes being paid.

Have you guys actually read the original post? Are you suggesting the ex-wife make a will to leave her half to the new wife? or are you suggesting Lem to leave his half to new wife in a will and leave the ex-wife shares intact and they deal with it among themselves?

@Lem, what you need from your ex-wife is power of attorney, either done here locally or translated and stamped by Turkish/TRNC Embassy in UK, and then you can use that to transfer/'sell' her shares to whoever you want. I advise speaking to a lawyer and get some assistance. I dont think it will be any cheaper to get it into your name or your new wife. I dont know if there is any wife-to-husband discount but this doesnt apply to you anyway when getting your ex-wife shares, and with a power of attorney, you can transfer shares directly to your new wife without getting them into your name first.

hope it makes sense.

K.

Hi Kemal yes I did read the post thankyou the main point I was making was that it is not a simple 'transfer' of shares it will be a sale & purchase with all the necessary permissions & taxes to be paid which will probably run into several thousands of pounds & many months if not years before it can be done.
Forgive me for suggesting this but TRNC will not know she is his ex wife unless he tells them!

Thank you all for your helpful advice. Obtaining a Power of Attorney and getting it stamped at the London Consulate looks like the easiest and safest option. Does anyone know where I could obtain a template for that? Would she also have to attend? If so, that could be a major problem. Would I still have to get a lawyer in the TRNC to have her removed from the Kocan or could I just go to the Land Registry in Girne with the stamped document and ask that her name be removed?

Why don't you contact the British High Commission in the North and ask them what is needed so you can go to London Offices with correct documentation.

Consular Section, 29 Mehmet Akif Caddesi, Shakespeare Avenue Mersin 10 Nicosia, Cyprus Tel: 0392 228 3861 Fax: 0035722861200

From experience, when I got divorced here, and I wanted the property in my name only, as well as showing the divorce papers, I firstly had to get a new contract from the builders with just my name on it, then had to apply for permission to purchase all over again, i.e. go through the whole process again from start to finish. The best thing I can suggest is go to a lawyer rather than ask on here, as we will probably all give different advice and unless one of us is a lawyer in this country, I personally wouldn't follow it.
My husband and I had a legal document from lawyers here dividing everything up, but that was not enough to simply remove his name from the properties legal documents.

I think Stellasstar1 has the right idea. Don't ask on a Forum. Everyone will have had a different experience, the law here appears to change every other month and it's too complicated to risk doing the wrong thing.

The Ozankoys posting is correct.

I am sorry but 'lying to government officials' is not a sound advice.

You dont need a lawyer, you can do everything yourself, get a PoA from your ex, get it stamped in the embassy in UK, use the PoA here to transfer her share to whomever you like. Legal advice is recommended so that you get to know the details of what is needed for each step, some of them can even be done without you running around like a headless chicken etc...

K.

One thing I would add is that a document signed in the UK relinquishing rights to a property here in your favour is probably not "legal" here just as they will not accept a POA from a Notary in the UK it has to be done at the offices of the TRNC representative.

Why not try talking with the Citizens Advice Bureau on the Bellapais Road. Been there today to discuss Wills and found Pembe to be very knowledgeable, honest and will not rip you off like many of the Solicitors over here. Advice is free but you can make a voluntary contribution for her time, which I think is fair enough. She has a legal background from Uk and can cover many subjects. She was excellent. You can have a year's membership there for £50 and use the service as much as you like for many different things.

mrsgee... to point out just for clarification and so people do not get confused, it is not Citizens Advice Bureau, they are in the UK, it is Citizens Advice Cyprus.

Thank you for pointing out my error. I stand corrected. They are still very good anyway, and I hope that people make use of the services they offer, and save money as a result.