Mesajı Okuyun
Old 09-03-2009, 13:00   #1
YSil

 
Varsayılan Divorced in the Netherlands (tazminat)

The reason I've chosen for the English language is my lack of Turkish.
I’m Turkish but born and raised in the Netherlands.

As a friend of the family I've a couple of questions for a lady whom had a divorce in june 2008.

She was married in the early ’80 (1981). With this man she has two mature children.

Recently she received a letter from the Turkish embassy in the Netherlands that a so called ‘vekalet’ is waiting for her to be picked op at the embassy. Because of the long trip to the embassy the lady decided not to head out for the embassy. After she called the ambassy she found out that she does not has to pick it up, but that the embassy will have to report this to the court in Turkey.

The question is; does she do the right thing. Does it even matter? Does she need a attorney already or will the divorce, whom is filled in the Netherlands, automatically be accepted in Turkey by the procedure the ex husband started?

The point two of the whole matter is about two houses. First I want to ad that the lady is the one whom lived in the Netherlands and whom decided to marry a man in Turkey and therefore the man is brought to the Netherlands because of her interfering and efforts.
In 1980, before they even met, she bought a house in Turkey. This house was soled in 2004 to buy a new house. Because of the new law in 2002 this automatically means that after the divorce in Turkey (with a tazminat davasi) the husband has the right for 50% of the house. Is this correct, due so because of the exchange from a house whom was her property before the marriage to be exchanged in another (new) house during the marriage?

In 1989 the lady bought a house in Turkey. She bought it with her money. She gave the authority to her father in Turkey whom sealed the deal and bought the house for her. The house was, until somewhere begin ’90 (1993), on the father’s name. Then in 1993 she put it on her husband’s name. This mean, because of the 2002 law, that the house is now of her husband. Because the most marriage goes in trust, she did not keep the administration of the transaction and the money sending to her father in Turkey late ’80. But she was the one whom earned the money. She can prove this with tax income and banking administration. The husband can’t prove that he had money back in the time. After 1993 he starts working. Is there a possibility that she has the right to that house?

Now that she chose not to go to the embassy she will not now what the request is of the husband. Probably a divorce in Turkey. This will be easy because the court in the Netherlands already filed a divorce. But maybe the husband also filed a tazminat davasi in Turkey (probably not because of the possibility that he will lose the house). But if he is that stubborn and did open a divorce & tazminat davasi, will this be a great lost for the lady? Will she be notified of the process? Shall the judge split house/property without the lady?

Lot of questions. If there is a light from ones side therefore my many thanks and respect!

With regards,

YSil