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Canadian Husband Files for Divorce in Turkey

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Old 25-04-2002, 16:51   #1
canada

 
Soru Email Brea@videotron.Ca

Merhaba,

I am Canadian, speak no Turkish yet & unfortunately cannot fill out the above. I need to ask questions regarding divorce laws in Turkey. My father is Canadian married to Turkish woman since '97. He has been working in Izmir for 14 years. He has since bought an apartment and put it in his wife's name. He has also built a house in Fethiye, and the land was also in his wife's name. His wife has not worked all this time and is out to rob him of everything. He found out 1 week ago she had sold their Izmir apartment to her ex-husband. My father is trying to salvage the Fethiye house but is afraid she will do the same thing.
My question is, if he files for divorce, as a Canadian, what rights does he have? Can a woman take everything or is it not separation of assets, like the law in Canada? I think as a foreigner, he cannot own land in turkey, but can he have register a charity orgaization, and donate the house.
What options does he have? I realize there is divorce law, and propriety law, and that these are separate.
If you could clarify these, I would be grateful. Thank you very much.

Brigitte
P.S. I wish you had English information too!
Old 04-11-2002, 13:36   #2
serkan donmez

 
Karar selcuk universty to canadain

merhaba canadian! ı`m serkan donmez from selcuk unıversty,and ı m a law student,ı read your ideas from your maıl,ı understand that you are very about turkey and ıt`s law,so ı`m writıng to you my mail adress,serkansizasla@hotmail.com,ıf you write me ı will be very hapyy.bye thanks..
Old 21-11-2002, 18:19   #3
Av. Bülent Sabri Akpunar

 
Varsayılan

greetings,
1.Assuming that the law of common place of residence( the Turkish law) is applicable, then : The seperation of assets rule is -as a rule- valid, save another principle was not agreed upon--The new rule of the Civil Act, participation on the acquired assets, is normally under consideration for the marriages which are concluded after the entry into force of the new law or for the spouses married before this new law but agreed on the participation principle during 1 year after this said date-- Consequently, as in legal scope your father's wife seems to have the house or the land.However if your father should prove the contrary that he in fact bought these with documents the judge may rule the transfer of them on his name in the divorce case.
2.the acquisition of real estate by the foreigners was subjected to mainly two conditions:
a)the reciprocity : which means that the alien may acquire land providing his/her country has conferred this right to Turks or Turkish subjects.(Does Canada seems to do this?I think not)
b.Several preventive rules based on the public order consideration(for example the law on villages states that foreigners cannot possess land in the rural areas in a village..)
SO, If these mentioned conditions were met, your father could have had the ownerships, unless the transactions should be void. that means that your father may claim the money paid and the donation of the assets to the wife inherently beomes illegal.
A little bit confusing as it is expected to be cause the rules of international nature are in question, you would better consult to a Turkish attorney.

Old 07-06-2007, 14:53   #4
Konuk

 
Varsayılan

Hello..

Can anybody give me an advice? Unfortunately my turkish is not as good as well..

I'm a citizen of Kazakhstan and got married with a Turkish guy last August in Izmir. Now we both live in Kazakhstan, however we couldn't build family relationship and now decided to get divorced (the different cultures and different mentalitet).

Does anybody know if it is legal to get divorced in Kazakhstan? Or should we get divorced in Turkey? Do you know anything about property seperation issues? My husband refuses to return me even my personal clothes etc..

Thanks in advance..

Diane
Old 09-06-2007, 18:24   #5
Av. Süleyman Emre Ötün

 
Varsayılan

Merhaba!

If you want to divorce in Kazakhstan, it subjected to law of Kazakhstan. So, the matter that Turkish law must apply or not in this case, must resolved according to that law.
If you divorce in Kazakhstan, then it's needed to make this divorce valid in Turkey, or your marriage remain here as if no divorce has occured.
Bye.

emre
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