… FAMILY
THE COURT REQUESTED MEASURES ON THE TASK
PLAINTIFF : XY
address.
lawyer :
address :…
THE ACCUSED :ZT
address :
THE CASE :Liquidation of the Property Regime
SUBJECT : Presentation of our Petition regarding Contribution Share, Value Increase Share and Participation Share.
applications
The parties got married on 1.1.1982 and there is a divorce case between them in the case of the Family Court. Dec. Since the divorce case was filed on Dec. 20.01.2020, the assets between the date of marriage and the date of filing the divorce case are the subject of the property regime liquidation requests.
The parties did not enter into any property regime agreements when they got married and after. Since their marriages cover the periods before and after the current Turkish Civil Code, the property regime to be applied is 202/1 of the Code of Practice of the Turkish Civil Code. article and 10/1. it must be determined in accordance with the article.
Therefore, the separation of goods regime applies to goods between Dec. 1.1.1982 and 31.12.2001, and the accession regime to acquired goods applies to goods between Dec. 1.1.2001 and Dec. 20.01.2021, when the divorce case was filed. In this context,
we embody our claims in the following way:
1- Although there is a shop that the defendant purchased on his behalf in 1981, we do not have a claim on this shop because it was acquired before the marriage union. However … there is a request that this store at the address will receive an affiliate deposit to its bank from the rental income.
2- On the other hand, the claimant purchased the defendant’s trappings on behalf of the defendant in 1997 by selling and using them and in the deed …. there is a contribution fee to be received on the registered apartment.
3- Since the plaintiff contributed to the land acquired on behalf of the defendant in 2008 and registered as … in the title deed with 50,000 TL that he received from his father, there is a request for an increase in value due to the existing land. Dec.
4-There is a request for a 50% participation share on the vehicle with license plates … registered on behalf of the defendant and acquired in the marriage union in 2018, when the participation regime is in force.
EVIDENCE : Population Family Registration Table, Land Registry and Traffic Records, Witness
LEGAL REASON :TMK m.227, m.236, m.239 and related legislation
CONCLUSION-RECOMMENDATION: For the reasons explained above,
HMK’s 107. by evaluating the opportunity provided by the article with the liquidation of the property regime of the parties, the rights to demand more and sue are reserved,
1-On behalf of the defendant … in exchange for the rental income deposited to his bank, he will receive 1000 TL participation for now,
2- The defendant will receive a contribution of 10.000 TL for the apartment registered in the title deed … for now,
3-The defendant will receive a contribution in the amount of 20.000 TL for the land registered in the title deed … on behalf of the defendant.Dec.,
4- The defendant … to pay the participation fee in the amount of 10,000 TL for the vehicle registered in his name and to give it to the plaintiff,
5-Application of interest from the date of the case for receiving a contribution, and for other receivables from the date of the decision,
6-Real estate subject to the case, concrete and receivable claims have been finalized, and we request that an injunction be issued in order to prevent the sale and transfer of all real estate and vehicles to third parties in accordance with the decisions of the Supreme Court. 27.05.2020
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