Nwclio

Divorce

8 posts in this topic

I wonder if anyone could advise me on an ongoing case. I am English and so is my wife, I owned a property in the UK before we got married there sold and used to buy a villa in Turkey. The villa and also a car are both registered in my name only as I provided the money from the UK sale to purchase both.

My wife has cleared our joint accounts and has left Turkey and filed for divorce. Where do I stand with regards to seperating assets if all the money was mine before marriage?

She has filed for the house, car and 100,000tl compensation due to her upset.

Your advise would be appreciated.

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Unless you signed a pre-nup...what's yours is hers...hers is yours.

My advise is to get a lawyer.  Good luck.

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As far as i'm aware in Turkish law regarding Turkish property,if bought before the marriage it stays with the owner,if bought after marriage it's split 50/50. 

I believe this still stands,but check with a Turkish Lawyer to confirm.

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To have cleared out your account & then suing you for the house, car + 100,000 tl....you must've really ticked her off or she went bat-shite crazy.  Definitely get the advice of a good lawyer.

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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 Propertieseach 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

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I suspect there will be a problem if the sale of the UK property and purchase of the Turkish property happened after the said marriage.

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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

IbrahimAbi and Nwclio like this

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