Request For Liquidation Of Property Regime
. TO THE FAMILY COURT ON DUTY
THE PLAINTIFF :
ATTORNEY :
DEFENDANT :
SUBJECT : It consists of our request for the liquidation of the property regime and participation receivable. (It is an indefinite receivable case.)
VALUE OF THE CASE : ..000,00-TL (Our rights regarding the excess are reserved.)
EXPLANATIONS :
1- The parties were married in … year. The parties have 2 children named… and… from this marriage
2- The client has worked under harsh conditions throughout their 30-year relationship, supported her family, and struggled alone against all kinds of difficulties for her children and the defendant to live in good conditions. However, at this point, the defendant defames the client with ugly slanders and damages the client’s reputation against her children and her business life. The client worked alone for years, built a life for herself and her family from scratch, starting from the bottom, and with what she had, she increased the welfare of her family and ensured that her children were educated in the best conditions. In addition to all these struggles of the client, the defendant does not have any profession and does not have a regular income. As can be seen, the defendant has not made any contribution to the acquisition of the property subject to the lawsuit. However, despite this, the client has met all the needs of the defendant by virtue of being both his wife and the mother of his children, and has enabled the defendant to acquire the land, shops and immovables registered to him, from which he still receives rental income. Due to his trust in his wife, the defendant even registered the immovable properties that he purchased with his own work and labor during the marriage in the name of his wife. In addition, during the marriage, he gave some of his earnings to his wife so that she could save freely 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 of the movables or real estates will be determined as a result of the research to be conducted by the court.
3- According to what we have learned in the social economic status research conducted on behalf of the defendant in the divorce case file, the defendant has a marriage license,
– … Neighborhood… Sok.No:.. ../… the duplex villa type house where he still resides at the address
– … … Neighborhood … Cad. No:… address, one dwelling
– He also has a regular rental income from these immovables, which cannot be identified, and a plot of land registered on … m2 located in M… Neighborhood. Therefore, we are requesting an interim injunction on these immovable properties purchased with the contribution of the client and other immovable properties of the defendant to be determined to prevent their transfer to third parties and the liquidation of the property regime and contribution / participation receivable regarding the immovable properties of the defendant reported by us and to be determined by the court ex officio.
4- The above-mentioned immovables consist of the assets of the defendant determined by us. We reserve all our rights in terms of assets, rights and receivables belonging to the defendant but which cannot be determined by us. Since it is not possible for us to determine the value of the main lawsuit at this stage regarding the deposits belonging to the defendant and the immovable properties registered to the defendant, we are submitting this lawsuit as an indefinite receivable lawsuit over the value based on the fee. As a result of the collection of our evidence and expert examination, we request the liquidation of the property regime in order to increase the case value, and we demand that the client’s contribution / participation receivable be determined and collected from the defendant together with interest.
LEGAL GROUNDS : TMK, CPL and other legal legislation
EVIDENCE : Without prejudice to our rights to present evidence against the evidence of the other party;
1- …1st Family Court file numbered 2020/…E. (We request a summons)
2- Population records,
3- Research on the economic and social situation of the parties,
4- Witness statement,
5- Phone records,
6- Bank records,
7- Traffic registry records,
8- Land registry,
9- Expert examination, discovery and all other legal evidence
CONCLUSION AND REQUEST : For the reasons explained in detail above and to be taken into consideration ex officio, without prejudice to our rights regarding redundancy
– First of all, the defendant’s …. neighborhood and …. neighborhood and neighborhood, the land in … neighborhood and … shop and other immovables and bank accounts to be determined,
– With ACCEPTANCE OF OUR CLAIM,
– We request that the defendant be ordered to bear the costs of the proceedings and attorney’s fees. Sincerely. ../../….
Plaintiff Attorney
ATTY.
You can access our other article examples and petition examples by clicking here.