Dear YSil,

The issues that first need to get clarified are what the name of the document in Turkish embassy is and for what it is waiting for to get picked up by your neighbour. Vekalet is the general name of the document which is used for giving power/authorization to someone -or a lawyer for following up a case- and it can't be arranged or drawn up unless the principal goes for it. What I've understood from your message is your neighbour doesn't know anything regarding the content of that vekalet, let alone drawing it up.

In the light of this view, it's possible that the concerned document may be something different than vekalet(with a little assumption, might be a notice[called as tebligat in Turkish] for notifying a filed case against her in Turkish courts). Tebligat has to be received in return of a signature by the acceptor. Or, he/she will still be deemed to have received if he/she refrains from receiving it.

Her husband seems to have filed a case against your neighbour and the document(which is supposed to be tebligat) will be the key of this case to get informed of her ex husbands claims and submit her disclaims and counterclaims.

The divorce decision in Netherlands can't be automatically accepted in Turkey, but merely be executed in Turkish registry office by filing a recognition case in Turkish courts.

Aside from the document in the Embassy, your questions are both regarding the property regimes of spouses in Turkish civil law.

By the current Turkish civil code's coming into effect as of the date of 01.01.2002, spouses were regarded the right and the obligation of sharing all properties acquired during marriage. The properties which were acquired during marriage but before 01.01.2002 were naturally excluded of this rule and considered as personal property, though. All assets and properties acquired during marriage and after 01.01.2002 will be deemed to be within the context of the new property regime unless one of the spouses maintains the contrary as filing a separate case from divorce.

In light of the foregoing, the new house which was bought in 2004 shall be shared by the spouses. However, your neighbour can file a case against her ex-husband and have the entire house by proving her claims.

As for the other house which was registered on her husband's name, it's wholly the husband's considering that he had it on his name before 2002. Your neighbour can file a case for having the house back from him in this matter as well. However, her chance of winning the case is not as high as the previous issue with the reason that she seems to have donated the house with no money or anything in return and it's not highly possible to recede from a donation made long time ago.

Her husband may have filed a case for recognition of the divorce case in Netherlands before Turkish courts, compensation, allowance or anything else.

The thing that first needs to be done by your neighbour for protecting her rights is going to the Embassy and getting informed regarding the concerned document.

You can ask anything I skipped to answer or failed to enlighten you enough, if there's still something unclear in your mind.

King regards.