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mrsbalin

Lawyer
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mrsbalin last won the day on November 6 2018

mrsbalin had the most liked content!

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About mrsbalin

  • Rank
    Lawyer
  • Birthday 12/03/1978

Contact Methods

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

Profile Information

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

Recent Profile Visitors

1,917 profile views
  1. Dear Sunnyholme Savers, Welcome to our friendly forum. I am a Turkish lawyer trying to help my forum friends with their legal questions. Let me give you a general information about the national rules in case of intestate succession. If "no wil"l has been set up, then the systematic and the contents of Turkish Succession Law are as following: It is stated that the successors of first degree are the deceased person’s descendants, and that the children are equal successors. If the deceased person has no descendants, the mother and the father of the deceased person will be equal successors. In accordance with the succession principle, the descendants of the deceased mother and father will be successors in their stead. Deceased persons who do not have parents and their descendants, are succeeded by their grandmothers and grandfathers. Regarding to your question, if your mother's partner had no descendants (kids), the mother and the father of him will be equal successors. In accordance with the succession principle, if he has no mother or father, then his brothers and sisters will be successors in their stead. In the light of the above mentioned information, may I able to learn if he has any mother or father, or any brother or sister? Once you clarify this issue, then the legal heirs have the right to apply to Turkish Court in order to get inheritance certificate. Kind Regards, Av. Merve Balin
  2. Dear Ambersanne, Welcome to our friendly forum. Once you marry in Turkey and divorce under another country's laws, then this foreign divorce judgment should be recognized in Turkey. On 29 April 2017, Article 27/A has been added to Law on Civil Registry Services by Statutory Decree No:690 issued under the State of Emergency. The Article regulates registration of divorce judgments produced by foreign judicial or administrative authorities to relevant civil registries. To use this way to get the divorce recognized in Turkey, there are certain conditions needed to be fulfilled. These conditions are: The decision of the foreign court must be absolute in the terms of that country’s laws. 2. Both parties in the relation to the decision must either apply personally or with their lawyers to the competent authority determined by the Turkish authorities. 3. The decision made by the foreign court must not be against the Turkish Law. If the parties are not able to apply together to specified authorities or the given decision is somehow against the Turkish Law, the only way for this decision to be acknowledged in Turkey is to file a ‘recognition and enforcement lawsuit’. Kind Regards, Av. Merve Balin
  3. Dear Mrs Balin, please could you help as my brother and I are not too clear on this topic. My uncle sadly passed away last year left his apartment in Akcay to us. We have his will (translated into Turkish) and are unclear how we get the property title transferred into our name. 

    Any help would be greatly appreciated,

    Yours sincerely 

    Matthew Thompson

  4. mrsbalin

    Divorce

    Dear Pearl, Welcome to our friendly forum. I am a Turkish lawyer trying to help my forum friends with their legal problems. Sorry to hear about your marriage. Once you married in Turkey, then it will better to divorce in Turkey just to eliminate UK divorce decree recognition procedure. It seems you have some proofs to open a divorce case on grounds of adultery. The husband or the wife must file a lawsuit for dissolution of their marriage within six months after discovering the reason of such filing, or within five years after such adultery has been committed, otherwise their right to file such lawsuit will expire. If such adultery has been committed once for all, the date on which it has been committed will count as the commencement of the above mentioned legal period of application. If such adultery has been committed several times, the date on which the adultery has been forgone will count as the commencement of the legal period of application. If the other spouse pardons such adultery, his/her right to file such lawsuit will expire. Otherwise, you have a legal ground for divorce with the reason of irretrievable breakdown of your marriage. Kind Regards, Av. Merve Balin
  5. 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
  6. 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
  7. 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
  8. mrsbalin

    Divorce

    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
  9. mrsbalin

    Divorce

    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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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.
  15. 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
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