Mesajı Okuyun
Old 23-05-2007, 17:28   #2
Av. Bülent Sabri Akpunar

 
Varsayılan

In line with the International Civil Procedure Act, Art. 14, titled "Family Property", the spouses may opt for the legal system to govern the family property.These can be the law of the place of residence or one of the national laws of each. In the cases which such an option was not agreed upon, the family goods shall be governed respectively by the common national law of the spouses, in its default, the law of the common place of residence and finally, the law of the place whereabouts the goods.


As far as your case is concerned, as you have not mentioned about a specific law system that was chosen, the Turkish Family Law should prevail. The Turkish Civil Code stipulates that the goods of the family shall be seperated equally between the spouses unless upon any other property regime was agreed.However, this principle is valid for the marriages which are concluded after the entry into force of the very Code, date 01/01/2002. Also, as for the "participation on the Acquired Assets Principle" which has been brought by the new Act, the goods which are owned solely by each spouse pre-marriage shall be considered as "personal property" and is not subject to equal seperation.Therefore, the apartment is yours provided that you can prove the ownership before marriage.


The spouse who is irreproachable or at least not more faulty compared to the other side as redards the grounds of divorce, and who shall fall into poverty is entitled for a sum of money as alimony.This is not limited for a period of time, yet it can be lifted by the Court in case the conditions of which change or disappear.The sum shall be decided in accordance with the economic situations and the living conditions of each spouse, and no, there is not a quantitative restriction of alimony as per the income.