Petition For Payment Of Contribution Share Receivable
… TO THE FAMILY COURT JUDGE
PLAINTIFF : TC No:
ADDRESS :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : This petition concerns our request for payment of the contribution share.
OUR EXPLANATIONS
1-) Our client married the defendant … … on …/ …/ …. Their marriage, which initially proceeded without problems, became unbearable due to frequent arguments that became increasingly violent. Our client filed for divorce on …/ …/ …, and the … Family Court ruled in favor of the divorce of our client and the defendant in its decision dated …/ …/ … and numbered …/ … E. …/ … K. This decision became final on …/ …/ … without appeal.
2-) Our client is a graduate of … University and has been working as a nurse for … years. Our client continued to practice her profession after the marriage was established on …/ …/ … and earned an average monthly income of … TL. Our client contributed to the acquisition of the independent unit numbered … located on plot …, parcel …, which was acquired during the period of marriage to the defendant and remained with the defendant as a result of the divorce.
3-) Article 227 of the Turkish Civil Code No. 4721, titled “Share of Value Increase,” states:
“If one spouse contributes to the acquisition, improvement, or preservation of property belonging to the other spouse without receiving any or adequate compensation, they shall be entitled to a claim for the increase in value of that property during the liquidation, in proportion to their contribution, and this claim shall be calculated based on the value of that property at the time of liquidation; in the event of a loss in value, the initial value of the contribution shall be taken as the basis.”
4-) Pursuant to the provisions of the legislation, it has become necessary to apply to your court to claim from the defendant the contribution made by our client in the acquisition of the independent section numbered … located in … parcel, … island.
LEGAL GROUNDS: Turkish Civil Code No. 4721, Articles 227, 228, 229, 230, 239, 240, 241, Turkish Code No. 4787, Article 4.
LEGAL EVIDENCE: … Decision of the Family Court dated …/ …/ … and numbered …/ … E. …/ … K., Land Registry Records, certification of the final decision of the local court, expert witness, list of witnesses with their names and addresses and the subjects they will testify on.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request that the court order the defendant to pay our client the equivalent of his contribution to the independent section numbered … located in parcel … on plot …, which was acquired during the marriage that began on …/ …/ … and ended with a divorce decree on …/ …/ …, and which remained with the defendant as a result of the divorce. TL be collected from the defendant and given to our client, that the litigation costs and attorney’s fees be borne by the opposing party, and that a decision be made. We respectfully request this on behalf of our client. …/ …/ …
ATTACHMENTS:
Plaintiff’s Attorney