Hello everyone.
This one is a little complicated.
In 2008 my wife and I seperated.
We jointly own a freehold bar/restaurant on a large parcel of land near Alicante. Although I held the licence to operate the business.
In May 2009 my wife forced me to leave the property and installed tenants in the property who paid her 600€ rent every month until August 2011.
In December 2010 my wife requested Medidas Previas. I had no money, a legal aid solicitor and no translator. I was hung out to dry. The court awarded her the right to maintain the rental income and to take 200€ as maintainence for her then 18 year old daughter. ( I adopted her in 2006) The court were told that her daughter had epilepsy although they had no medical evidence to back this up.
Ok so I had to accept that the situation basically continued without any financial gain to me. But there was a provision in the sentence article 775.1 LEC that stated that my wife had 30 days to put in her divorce petition.
She didn't do this and as far as the courts are concerned, the medidas have been archived. However, I cannot get anything in writing to confirm this.
In September 2011 my wife put the bar up for tender and new tenants signed a contract with her for two years. They have made alterations to the bar and have a website - the works, yet I have nothing.
I have asked my solicitor to do something about it but he seems reluctant to act.
My wife moved back to the UK following a 3 month holiday in South Africa so the divorce petition I put into the court in July was not served on her. She can now hide in the UK, recieving all the rent from my bar until I can divorce her in 3 years time. I am helpless.
Does anyone out there know what the lawyers in Alicante don't? There must be something I can do!
Please help.