Sample Petition For Participation Claim
ANTALYA FAMILY COURT ON DUTY
REQUEST FOR PRECAUTIONARY MEASURE.
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
ATTORNEY :Attorney…………………
ADDRESS
DEFENDANT :C….. D….. (T.C.:……………)
ADDRESS
CASE VALUE :000,00 TL for now
SUBJECT OF THE REQUEST :
It consists of the claim for the participation share arising from the liquidation of the property regime.
EXPLANATION
Client A….. B…. and the defendant C….. B…. were married on 01.01.2000 (Annex 1) and they have joint children named X and Y from this marriage (civil registration copies are attached as Annex 2).
There have been problems between the defendant and the client from time to time from the very beginning of the marriage, all of which were caused by the defendant’s negligent behaviour, but these problems have become more frequent in recent years.
As a result of the problems experienced ../../…. On the date, a divorce case was filed by us with the file numbered …./… Esas (Annex-3) of Ankara ( ) Family Court due to the fundamental breakdown of the marriage union; As of this date, the regime of participation in acquired property between the parties has ended.
As a result of the judgement, Ankara ( ) Family Court …./… Esas ../../…. Date and …./… Decision numbered …./… Decision (Annex-4) and the parties were divorced and this decision was finalised on ../../…. It was finalised on the date …/../.
.
The assets (ANNEX-5) known to us that the defendant acquired during the marriage union are as follows:
1-………
In addition to these, we also request your Court to determine the assets of the defendant without the client’s knowledge and the savings in bank accounts by writing a letter to the relevant places and to calculate all these items to be determined in the continuation of the proceedings during the liquidation.
For all these reasons explained, since the defendant has not come to an agreement with the client and for this reason, there is a possibility of evading property from the client, we request that the defendant’s assets acquired in the marriage union be determined, the client’s participation receivable on this asset be determined; As a result of these determinations, we request the liquidation of the property regime and the imposition of an injunction on these properties since the defendant has the intention to evade property from the client.
LEGAL GROUNDS :
CPC, TMK, TBK, Law. and other relevant legislation
EVIDENCE :
Population records, Ankara … Family Court ../../…. Date and …./… Esas numbered file, ../../…. Decree dated …./… Decision numbered, ../../…. Finalisation decision dated, Land registry records, expert report, witness, discovery, oath and other evidence.
We reserve our right to present evidence against the evidence presented / to be presented by the other party
CONCLUSION AND REQUEST :
For the reasons explained above and to be taken into consideration ex officio by your Honourable Court
1-Acceptance of our just lawsuit and all our demands,
2-To place a caution on the immovable property whose title deed is presented,
3-To determine the assets belonging to the defendant and to impose a measure,
4-To the liquidation of the property regime according to the provisions of the relevant article of the CCP,
5- Without prejudice to our rights regarding the surplus to be determined as a result of the liquidation, our participation receivable of 000,00TL for now, with the legal interest to be processed from the date of the decision, to be taken from the defendant and given to the plaintiff,
6-We request by proxy that all kinds of trial expenses and attorney fees be decided to be charged to the other party.14.02.2022
Plaintiff’s Counsel
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