"Liquidation of the Marital Property Regime and Provisional Measures"

PETITION FOR THE LIQUIDATION OF THE PROPERTY REGIME

A request for precautionary measures has been made

TO THE DUTY FAMILY COURT
OF ISTANBUL

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Attorney's Name and Surname – Address

DEFENDANT:
Name and Surname – (Turkish Republic Identity Number: …) – Address

SUBJECT:
Our request for the dissolution of the marital property regime and a precautionary measure.

VALUE OF THE CLAIM:
… TL, reserving our rights to claim and pursue further legal action.

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EXPLANATIONS:

1. Marriage and Divorce Process:
   The client and the defendant were married on …/…/… and a child named … was born from this marriage. Due to incompatibility and severe family problems between the parties, a divorce case was filed by the client in the … Family Court under case number …/…, and the said case is still pending.

2. Termination of the Marital Property Regime:
   Article 225/2 of the Turkish Civil Code, the marital property regime between the parties terminates as of the date of filing the divorce lawsuit. Therefore, the liquidation of the marital property regime is a legal obligation.

3. Assets Acquired in Marriage: Assets
   acquired during the marriage with the client's contributions:

• property located at 123 block, 45 parcel, 3rd floor, unit number 10, in Suadiye neighborhood, Kadıköy district, Istanbul province, is registered in the defendant's name in the land registry. Since the said property was acquired after January 1, 2002, it is subject to the community property regime.

• Furthermore, during the marriage, 8 bracelets (approximately 220 grams), 1 set of 22-karat gold jewelry, 4 rings, and 1 gold coin purchased from the client's personal savings were bought as investments, but the defendant took them with her when she left the house.

4. Supreme Court Jurisprudence:
   The decision of the 2nd Civil Chamber of the Supreme Court, numbered 2015/7387 E., 2015/10321 K., is as follows:

“Under the community property regime, in the event of the termination of the property regime, the spouses' mutual claims for participation in acquired property are determined based on the market value of the property at the time of liquidation. Even in cases where the immovable property is transferred to third parties, a contribution share or participation claim can still be made.”

The Supreme Court's General Assembly decision, numbered 2017/1202 E., 2018/1479 K., also emphasized that the spouses' contribution rates to the acquisition of the property during liquidation will be taken into consideration, and that if the plaintiff proves that the jewelry was purchased for investment purposes, a decision will be made to return it in kind.

5. Need for Provisional Measures: There is a risk that the defendant, after becoming aware of the liquidation proceedings, may transfer the property registered in their name in Suadiye to third parties. For this reason, we request that a provisional measure be placed on the property registration pursuant to Articles 389 et seq. of the Code of Civil Procedure
   

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EVIDENCE:

• Regarding the divorce case, file number …/… of the … Family Court,

• Land registry records,

• Lease agreement and gold purchase documents,

• Bank statements,

• Witness statements, expert report, on-site inspection,

• Supreme Court and Constitutional Court precedents,

• All kinds of legal evidence.

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LEGAL GROUNDS:

Turkish Civil Code Articles 202-241, Code of Civil Procedure, relevant Supreme Court precedents and other legislation.

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CONCLUSION AND REQUEST:

For the reasons stated above;

1. A precautionary measure has been placed on the property located in Suadiye neighborhood of Kadıköy, Istanbul

2. The plaintiff requests the return of the gold purchased by the client as an investment during the marriage, or, if the gold is not available, the collection of its monetary value from the defendant

3. We order the defendant to pay the liquidation of the marital property regime and the resulting participation claim of … TL (with our rights regarding any excess amount reserved), together with legal interest accruing from the date of the lawsuit

4. The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand, on behalf of my client, that a decision be made.

… / … / …
Plaintiff's Attorney
Name and Surname
Signature

                                                                                YAĞMUR YORULMAZ, LAW FACULTY STUDENT