mrsbalin

Lawyer
  • Content count

    133
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  • Last visited

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mrsbalin last won the day on May 8

mrsbalin had the most liked content!

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About mrsbalin

  • Rank
    Lawyer
  • Birthday 03/12/1978

Contact Methods

  • Website URL
    http://www.balinhukuk.com/
  • Skype
    merve balin

Profile Information

  • Gender
    Female
  • Location
    Izmir
  • Interests
    Traveling, Cooking, Writing, Anatolian History
  • Nationality

Recent Profile Visitors

1,049 profile views
  1. Dear Sunnycal, Welcome to our friendly forum. Regarding to your investment in Turkey, you may both open a branch and/or a liason office. A "branch office" of a foreign entity does not constitute a separate legal entity. Special rules apply to branches of foreign banks and insurance companies. No minimum capital requirements apply, however the head office shall allocate certain funds as necessary for the operation of the branch office. The liability of the branch office extends to cover the assets of the head office. A branch office may only operate in the areas of activities of the head office. It has no corporate organs but is managed by a representative residing in Turkey, who is appointed to this effect by a power of attorney issued by the head office which defines the representative’s powers and authorizations. "Liaison offices" in Turkey cannot carry out any activity through their offices in Turkey to generate commercial revenue, but can do activities like; cooordination and management of some operations such as formulation of investment and management strategies, planning, promotion, etc. Also, the expenditures of a liaison office must be met entirely from foreign currency brought in from abroad. There are required documents to be provided for the establishment of both legal entities. You should also take a work permit as well. Kind Regards, Av. Merve Balin
  2. Dear RockoRolo, Welcome to our friendly forum. If your husband openned divorce case, a divorce decree cannot be given without your knowledge. Court papers first should be delivered to your address in UK. Regarding to the property in Fethiye in joint names, if you'd like to sell it, then you should give an opportunity to your husband to match a price at which a third party agrees to buy. In other words, you must give your husband holding the %50 of the title deed first option to buy your share. Yes, you have a right for alimony for the kids as well. Kind Regards, Av. Merve Balin
  3. Dear Pembe, Welcome to our friendly forum. I am a Turkish lawyer helping my forum friends with their legal problems. Regarding to your husband's inheritance problem, according to Turkish Inheritance Code, an inherited property cannot be transfered and/or sold without the aproval and knowledge of the legal heirs. As you mentioned, you have not received any "tebligat" legal notice fro the Court. Have you given any power of attorney to other heirs for the succession transfer (miras intikal, veraset ilam) of your husband's share for title deed office procedures? Perhaps, with this poa they do the sale of the property without sending any notice (tebligat) to your husband. The most improtant point is that you should urgently put a block on the inherited land title deed in order to prevent the sale of the land to third persons. Because when a third person purchases the property, then you cannot cancel the sale and register the land on your name,but you can only start a legal process in order to refund the sale amount which is such risky. For further questions, please feel free to ask. Kind Regards, Av. Merve Balin
  4. Dear Friends, Even if the UK sale and purchase in Turkey happened after marriage, the property is considered as personal assest. For further information: All properties owned before the marriage shall remain as belonged to the said spouse because these are accepted as Personal Properties that is not subject to sharing. Furthermore, the following items are also listed at Article 220 of TR Civil Code as personal properties therefore outside the sharing since they are also considered as personal assets even if acquired during the marriage: 1- Properties that are solely allocated for the personal usage of the spouse 2- All assets acquired through inheritance right or by way of other donation 3- Compensation claims against damages for pain and suffer 4- Assets replacing personal properties Kind Regards, Av. Merve Balin
  5. Dear Nwclio, Welcome to our friendly forum. I am a Turkish lawyer trying to help my forum friends with their legal questions. Regarding to your question, if your property and car are located in Turkey and the divorce case is openned in Turkish Courts, then Turkish laws will be applied to the divorce case. According to Turkish Civil Laws, according to the regime of Participation in Acquired Properties, each spouse has equal rights on each property which is acquired during the marriage and it does not matter whether one of the spouses is registered as sole owner. However, all properties owned before the marriage shall remain as belonged to the said spouse because these are accepted as "Personal Properties" that is not subject to sharing. In this manner, you should prove in the case that the property and the car are purchased with the money provided from the UK sale before the marriage. Kind Regards, Av. Merve Balin
  6. Hi Vic801, Do you live in Turkey? Do you have any assest in Turkey, like any property on your name, money in bank? Regards, Av. Merve Balin
  7. Dear Ianforest, Welcome to our friendly forum. I am a Turkish solicitor trying to help my forum friends with their legal problem. If your friend married in Turkey and did not register this marriage in Uk, then she has to divorce in Turkey. They may divorce with a protocol which takes a shorter judicial term about 2-3 mounths. Also, in this process, 2 witnesses should be listened by the court. You do not need to be present at the hearings if you appoint a lawyer in Turkey. Parties may be represented by their lawyers. Estimated judicial charges will be about 450tl. You must ofcourse pay your attorney a fee which this is changable from a lawyer to lawyer, there is not a standart. Please do not hesitate to ask for further questions. Kind regards, Av. Merve Balin
  8. Dear Solsikke, Welcome to our forum! I am a Turkish lawyer trying to help my forum firends with their legal questions. I see that your Turkish ex-husband wishes to remarry that he should have recognized the Norwegian divorce decree in Turkish courts and have registered in Turkish records. Otherwise, he can not marry again. Now, he openned a case in Turkey. Whateever in Norwegian decree is stated for divorce,alimony, father-shared kid relation and custody, then these issues should be stated and recognized in Turkish Courts. At this point, I advice you to appoint a lawyer to follow the procedures and represent you in the case. You do not need to come to Turkey for the hearings once you are represented by a Turkish lawyer. Please feel free to ask for further questions. Kind regards, Av. Merve Balin
  9. Dear Bob1985, I am a Turkish solicitor trying here to help my forum friends with their legal probems. You do not need to be represented by a lawyer in a case in Turkey. However, even it is a divorce with a protocol, court procedures can be complicated; like petitations, witness process, finalizing the decree, delivery of court papers etc. Regarding to your question about the address issue, you can not give your friend's address to prevent the time matter. But, of course if you appoint a lawyer on behalf of you, then all the court papers will be sent to your lawyer's address. This way you may save time. In other words, you may appoint a lawyer and open the case against your wife. As your is Turkish residing in Turkey, there will be no problem with the address and timing matters. Aother information is 2 witnesses declarations are needed in divorce with protocol cases as one of the parties is residing abroad. I recommend you follow the process with a lawyer which will be the strongest way getting the divorce papers. Even there is not a certain standart lawyer fee tariff, many lawyers work with the standarts of Turkish Bar Association Lawyers Fee List-2015. Lawyers fee for divorce with a protocol is not so high. Kind Regards, Av. Merve Balin
  10. Dear Sylvia, Welcome to our friendly forum. I am a Turkish solicitor trying here to help my forum friends with their legal questions. In order to transfer a freehold in law (if there is not a will prepared by the deceased person), a case in Turkish Courts should be openned to define the legal heirs. Courts where the property is located will be authorized in your case. This case takes about 2 mounths if all the required documents is ready and submitted to the Court while openning the mentioned case. The judicial expence is not expensive, but as I mentioned all documents should be supplied by the legal heirs. This is the main point of the process. If you have further questions,please do not hesitate to contact with me. Regards, Av. Merve Balin You have not mentioned about the citizenship of your deceased friend. A special document called "Statuory Declaration" can be required according to the deceased person's citizenship.
  11. Dear cbeauti, Welcome to our friendly forum. I am a Turkish lawyer trying here to help my forum friends with their legal questions. I totally share the legal information and advice given by Eglegal regarding to your maiden name, custody and kids' traveling matters. You should first open a recognition case in Turkish Court to have recognized your US divorce decree. Kind Regards, Av. Merve Balin
  12. Dear Paulabee71, Welcome to our friendly forum. Even your son was not born within a marriage of your son's Turkish father, your son has the citizenship rights, as well as inheritance rights in Turkey, if you open a fathership case and have registered this man as his fether. In Turkey, fathership is a public matter where Turkish Courts seriously concentrate on the matter. However, if you register Turkish father on the records, then you should have erased your UK husband on the birth records. Just for an idea, your British husband may make UK will for the benefit of your son. Pls do not hesitate to contact with me with your further questions. My Skype name: Merve Balin You may also talk with me. Regards, Av. Merve Balin
  13. Dear AmeeraBads, Welcome to our friendly forum. Regarding to your question, first of all as being a woman, mother, Turkish and a lawyer, I must say I condemn your Turkish father not contacting with you, neither with your mother until this age. You have citizenship right, as well as inheritance rights in Turkey. In Turkey, fathership is a public matter where Turkish Courts seriously concentrate on the matter. You may open fathership case. Court will make a DNA test of your father and state him as your father in the Turkish Registry records. Then, you have it registered at the Records and get Turkish citizenship and passport. You have also inheritance rights of your father even you were not born in a legal marriage. Same rights with the other kids of your father! As GDB says, being a Muslim has nothing to do with it. I advice you to go after your legal rights and open this case. Pls do not hesitate to contact with me with your further questions. My Skype name: Merve Balin You may also talk with me. Regards, Av. Merve Balin
  14. Dear London71, Welcome to our friendly forum. I am a Turkish lawyer trying to help members with their legal problem. Turkish Civil Code permits a divorce by mutual consent under specific conditions. Accordingly, spouses can divorce based on a mutual agreement concluded by themselves. In case of a contract in contemplation of divorce, the judge must divorce the parties. There are conditions for consensual divorce. If the conditions don’t fit your situation, you need to follow contested way of divorce instead of uncontested divorce procedure. -At least 1 year marriage is required for mutual consent divorce. -Application to the court by together. Or acceptance of the divorce by defendant spouse upon one of spouse’s application to the court. -Hearing participation by the spouses themselves. In other words, judge must hear spouses directly about the settlement protocol’s approval. The purpose of this rule is to comprehend the wife’s consent is real or it is given under pressure of the husband or her family. Accordingly, judge must hear consent of spouses’ will related to consensual divorce / separation. Therefore, participation of spouses to hearing is crucial and obligatory. In case of lack of presence of the spouses, the judge will reject the case. -Lastly, judge’s reviews regarding the provisions of settlement protocol is important. The provisions concerning guardianship, children, financial issues in the settlement agreement will be also reviewed by Turkish Judge for approval of agreement’s fairness. OPTIONAL WAY TO SOLVE YOUR 1 YEAR PROBLEM AND RESULT YOUR CASE IN A MOUNTH: With the spouses willing to divorce with a protocol before waiting the end of 1 year, we prepare and sign a divorce protocol between parties. Then, one of the spouses represented by a Turkish lawyer opens a contested divorce case against the other party. By the lawyers' addresses, we eliminate the international notification procedures. At the first hearing, the other side's lawyer submit the protocol to the Court and accepts the divorce. 2 witnesses is listenned and at the same hearing the court gives the divorce decision. I hope I could help you with your questions. Regards, Av. Merve Balin
  15. Dear Katyirir, Welcome to our forum. I am a Turkish lawyer trying to help my forum friends with their legal problems. If you wish to move and buy a property in Turkey, you may mutually make a prenuptial agreement in a Turkish notary. In Turkey, prenuptial agreements can be made between two people who are about to marry and/or within their marriage setting out the terms of possession of assets, treatment of future earnings,control of the property of each, and potential division if the marriage is later dissolved. Regards, Av. Merve Balin