TO THE FAMILY COURT ON DUTY
Plaintiff:
ATTORNEY: AV.
DEFENDANT:
SUBJECT : It consists of the liquidation of the property regime and our request for participation. (It is an indefinite debt case.)
BASIC VALUE OF THE CASE: ..000,00-TL (Our rights regarding the surplus are reserved.)
DESCRIPTIONS :
1- The parties got married in …. The parties have 2 children named… and… from this marriage.
2- During their 30-year partnership, the client worked under harsh conditions, provided for his family, and struggled alone with all kinds of difficulties so that his children and the defendant could live in good conditions. However, at this point, the defendant defames the client with ugly slanders and damages the client’s reputation against children and his commercial life. The client worked alone for years, built a life from scratch for himself and his family starting from the bottom up, and increased the welfare of his family with what he had, ensuring that his children received education under the best conditions. In addition to all this struggle of the client, the defendant does not have any profession and does not have a regular income. As can be seen, the defendant does not have any contribution to the acquisition of the goods that are the subject of the lawsuit. However, despite this, the client met all the needs of the defendant on the occasion of being both his wife and the mother of his children, and enabled the defendant to acquire the land, shops and immovables that he still earns rental income. Due to the trust he has in his wife, the defendant even registered the movables that he bought with his own work and effort in the union of marriage, on his wife. In addition, he gave some of his earnings to his wife so that he could freely save during the marriage union and did not even question what kind of investments he made with this money due to his trust in his wife. For this reason, while some of the assets registered in the name of the defendant are known to us, some movables or real estates will be determined as a result of the investigation to be carried out by the court.
3- According to what we learned in the social and economic situation research conducted on behalf of the defendant in the divorce case file, it was taken within the marriage union of the defendant,
• The duplex villa type house where he still resides at … Mahallesi… Sok.No:.. ../..
• .. .. Mahallesi … Cad. No: one residence at the address ..
• It has regular rental income from these undetected immovables, registered on… m2, located in the M… Neighborhood. Therefore, we are requesting a precautionary annotation to prevent the transfer to third parties on these immovables purchased with the contribution of the client and the other immovable properties of the defendant to be determined, and the liquidation of the property regime and contribution/participation claim regarding the immovables notified by us and to be determined ex officio by the court.
4- The immovable properties presented above consist of the defendant’s assets determined by us. We reserve all our rights in terms of assets, rights and receivables belonging to the defendant that cannot be determined by us. As it is not possible for us to determine the actual value of the lawsuit at this stage, regarding the deposits belonging to the defendant and the immovables registered on the defendant, which we are subject to in this case, we substitute this lawsuit as an indefinite receivable action over the base value of the expense. As a result of the collection of our evidence and the expert examination, we request the liquidation of the property regime in order to increase the value of the case, and we demand that the client’s contribution/participation receivable be determined and collected from the defendant together with the interest.
LEGAL REASONS: TMK, HMK and other legal regulations
EVIDENCE: Without prejudice to our right to present evidence against the evidence of the other party;
11th. Family Court 2020/…E. file no. (We request your summons.)
2- Population records,
3- Economic and social situation research of the parties,
4- Witness statement,
5- Phone records,
6- Bank records,
7- Traffic registry records,
8- Land registry records,
9- Expert examination, discovery and any other legal evidence
CONCLUSION AND REQUEST: Without prejudice to our rights regarding the surplus for the reasons explained in detail above and to be taken into account ex officio
• First of all, the defendant’s …. Neighborhood and …. IMPLEMENTING PREVIOUS INSTRUCTIONS on the apartments in the neighborhood, the land in the neighborhood of … and the shop … and other immovables to be determined and bank accounts,
• BY ACCEPTANCE OF OUR CASE,
• We request that it be decided that litigation expenses and attorney’s fees be charged to the defendant. Regards. ../../….
Plaintiff’s Attorney
Hunting.
