SAMPLE APPLICATION FOR DESIGNATURE OF A PROPERTY AS A JOINT RESIDENCE

TO THE DUTY FAMILY COURT / ISTANBUL

PLAINTIFF: Seray Bilgiç - 12345678901 - Tatlı Mahallesi, Bahar Caddesi, Park Sokak, No:9,

Apartment: 1, Ümraniye, Istanbul

REPRESENTATIVE:  Ahmet Ay - Karaman Neighborhood, Pınar Street, Su Street, No:8, Apartment:9,

Atasehir, Istanbul

DEFENDANT:  Eren Bilgiç - Tatlı Mahallesi, Bahar Caddesi, Park Sokak, No:9,

Apartment: 1, Ümraniye, Istanbul

SUBJECT: Request for determination of the common residence.

EXPLANATIONS:

1- My client and the defendant married in 2008 and have three children born in 2010, 2012, and 2013. The parties have resided in the Ümraniye district since the early years of their marriage. However, they recently purchased another house in Kadıköy. Due to the ownership of both properties, a dispute has arisen between the parties regarding the determination of their shared residence.

2- Article 186 of the Turkish Civil Code states that "Spouses choose their residence together," however, in the case at hand, the defendant spouse wishes to use the residence located at 12 Bahar Street, Block B, Altın neighborhood, Kadıköy district, Istanbul, as a joint residence due to ease of access and its larger size, while the plaintiff spouse wishes to use the residence located at 4 Son Street, Block A, Ayna neighborhood, Ümraniye district, Istanbul, as a joint residence because it is closer to the children's school and their children's friends live in the building in Ümraniye. As can be seen, there is a dispute regarding the choice of the joint residence. Therefore, it has become necessary to apply to your court.

LEGAL GROUNDS: Turkish Civil Code Article 186

EVIDENCE: 1- Population records, 2- Land registry records

CONCLUSION AND REQUEST: For the reasons explained above, I request that the court decide that the residence located at A Block, No. 4, Son Street, Ayna Neighborhood, Ümraniye District, is a jointly owned residence, and that the court costs and attorney's fees be borne by the opposing party. 16/09/2024

PLAINTIFF'S ATTORNEY

AHMET AY

SIGNATURE