… FAMILY COURT ON DUTY
REQUEST FOR PRECAUTIONARY MEASURES
PLAINTIFF :X.Y.
ADDRESS .
ATTORNEY :
ADDRESS :…
DEFENDANT :Z.T.
ADDRESS :
CASE :Liquidation of Property Regime
SUBJECT :Presentation of our petition regarding the Contribution Share, Value Increase Share and Participation Claims.
A P P L A C T I O N S
The parties were married on 1.1.1982 and there is a divorce case pending between them in … Family Court’s … case. Since the divorce case was filed on 20.01.2020, the property between the date of marriage and the date the divorce case was filed constitutes the subject of the property regime liquidation requests.
The parties did not conclude any property regime agreement when they got married and thereafter. Since their marriage covers the periods before and after the Turkish Civil Code in force, the applicable property regime must be determined in accordance with Article 202/1 and Article 10/1 of the Implementation Law of the Turkish Civil Code.
For this reason, the regime of separation of property is valid for the property between 1.1.1982 and 31.12.2001, and the regime of participation in acquired property is valid for the property between 1.1.2001 and 20.01.2021, when the divorce case was filed. In this context, we concretize our claims as follows:
1- Although there is a shop purchased by the defendant in his name in 1981, we do not have any claim regarding this shop since it was acquired before the marriage union. However, there is a claim for participation receivable from the rental income of this shop at … address, which is deposited in … bank.
2- On the other hand, the plaintiff has a contribution claim on the apartment registered as …. in the title deed, which was also purchased in the name of the defendant in 1997 by selling and using the jewelery of the plaintiff.
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 received from his father, there is a claim for an increase in value due to the existing land.
4-There is a claim for a 50 percent participation claim on the … license plate vehicle acquired in 2018 and registered in the name of the defendant, when the regime of participation in acquired property was valid within the marriage union.
EVIDENCE :Population Family Registration Table, Land Registry and Traffic Registration Records, Witness
LEGAL REASON :TMK Art.227, Art.236, Art.239 and related legislation
CONCLUSION-RECOMMENDATION: For the reasons explained above,
By evaluating the opportunity provided by Article 107 of the CCP with the liquidation of the property regime of the parties, without prejudice to the right to claim and sue for more,
1-For the time being, 1000 TL participation receivable for the rental income deposited to … bank on behalf of the defendant,
2- TL 10.000 contribution share receivable for the apartment registered in the title deed in the name of the defendant as … for the time being,
3-The contribution share receivable of 20.000 TL for the land registered as … in the title deed in the name of the defendant,
4- To award a participation fee of 10.000 TL for the vehicle registered in the name of the defendant … and to give it to the plaintiff,
5-To apply interest from the date of the lawsuit for the contribution share receivable and from the date of the decision for other receivables,
6-With the immovables subject to the lawsuit are concrete and the claims for receivables have been determined, we request a preliminary injunction to prevent the sale and transfer of all immovables and vehicles to third parties in line with the Supreme Court decisions. 27.05.2020
You can access our other article examples and petition examples by clicking here.
