Who Does the Wedding Jewelry Belong To?
No matter which spouse is worn during the wedding, all jewelry (bracelet, quarter, full, etc. all gold), belongs to the woman. Of the jewelry worn by a man, only those that may be specific to a man’s use (for example, a man’s cufflink) belong to a man. All other jewelry worn at the wedding belongs to the woman, regardless of which partner is worn by whom.
How to Open a Case for Wedding Jewelry?
Claims related to wedding jewelry can be put forward together with the divorce case, as well as in the form of filing a separate lawsuit after the finalization of the divorce case.
It is useful to open the case related to wedding jewelry in the form of a regular (gradual) lawsuit. In other words, if possible, the return of the jewelry items in kind, if not possible, the decision to pay the price of the jewelry should be requested. For example, in the petition for the case, the request should be made as follows:
“I demand that it be decided to return the jewelry worn at the wedding, consisting of 8 bracelets, 17 full gold, 42 quarter gold, and if it is not possible to return it in kind, the price will be paid together with legal interest.”
Pay October If it is not possible to return or return the wedding jewelry in kind, the demand for payment of the cost is an independent request that is not an attachment to the divorce. Therefore, when trappings are requested in a divorce case, a relative fee must be paid separately related to this request.
Are Wedding Jewelry Included in the Division of Property in Case of Divorce?
Since wedding jewelry is considered a woman’s personal property, it cannot be included in the calculation of property sharing in divorce.
Spending wedding jewelry on common needs or wedding expenses within the marriage, paying off a man’s debt with jewelry, etc. even if it is disposed of for reasons such as divorce, the woman has the right to demand wedding jewelry from the male spouse. If a woman has given her wedding jewelry to a man of her free will on the condition that it cannot be “returned”, she can no longer ask for the jewelry back. However, the man has to prove that the jewelry was given to him by the woman in order not to be returned.
What is the Wedding Jewelry Lawsuit/Statute of Limitations Period?
If the wedding jewelry is in the possession of the defendant, that is, if the wedding jewelry is present during the case, the lawsuit filed for the return of the same is called a “ration lawsuit”. Filing a ration lawsuit regarding the exact return of the jewelry is not subject to any statute of limitations, the lawsuit can be filed at any time.
If the wedding jewelry was not available at the time of opening the case and the plaintiff requested the price because it is not possible to return the jewelry in kind, the period for filing a lawsuit is 10 years. Because, while the demand for the return of the jewelry is a ration case that is not subject to the statute of limitations, the demand for paying the price is a compensation case subject to the statute of limitations of 10 years.
If the price of the jewelry is requested, the 10-year statute of limitations period begins from the finalization of the divorce case.
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