How is the Ownership of Jewelry Proven in Divorce Cases Under Turkish Law?
In divorce cases, proving the ownership of jewelry given at the wedding is one of the most debated issues. According to recent decisions of the Supreme Court, jewelry items given to the woman during the wedding are considered as gifts to the woman regardless of who gave them and are accepted as the woman’s personal property. However, the situation is different for jewelry items or money given to the man. In such cases, while items like bracelets and necklaces specifically given to the woman are considered the woman’s property, money and gold coins are considered the man’s property.
How is the Proof of Jewelry Ownership Made in Divorce?
Concrete evidence to be presented to the court is important for determining the ownership of jewelry in the divorce process:
1) Wedding videos and photographs: These are visual evidence documenting to whom the jewelry was given at the wedding. These records can be used as strong evidence of jewelry ownership.
2) Witness statements: Statements from people present at the wedding about who received or gave the jewelry can be presented as evidence in court. Witness testimony can support the claims of the parties.
3) Jewelry list: A list recording the jewelry given at the wedding is an important document regarding the ownership of these items. This list can be a reference point in potential disputes.
4) Invoices and certificates: Purchase invoices or certificates for jewelry given at the wedding can be used to prove ownership of the jewelry. These documents can be effective in proving who owns the jewelry.
5) Bank records: The reflection of payments made for the purchase of jewelry given at the wedding in bank accounts can be used to prove ownership. These records can show who purchased the jewelry.
6) Statements of the parties: Explanations or statements made by the parties regarding the ownership of the jewelry can be considered as evidence. These statements can be effective when supported by other evidence.
7) Dowry deed: This is a document prepared before or during the wedding that contains a list of the bride’s dowry items. This document can be used as proof of whether the jewelry given at the wedding belongs to the bride or groom.
8) Mahr deed: According to Islamic law, this is a deed that specifies the amount the man must give to the woman during marriage and documents this obligation. The mahr deed can be used to prove that the jewelry belongs to the woman.
9) Acknowledgment: This is when one of the parties clearly accepts who owns the jewelry given at the wedding. This acceptance can be made verbally or in writing and carries evidentiary value.
10) Oath: The parties taking an oath in court to determine who owns the jewelry given at the wedding is a method that can be used to prove the truth. An oath can be accepted as strong evidence.
Note: The burden of proof lies with the party making the claim. Written evidence and objective proofs are preferred. The court makes a decision by evaluating all evidence together. Definitive proof may not always be possible.
Supreme Court Decisions on Proving Jewelry Ownership in Divorce:
” (…) The plaintiff can prove the valuable items claimed to be in the rented safe by any kind of evidence. However, in the scope of the file, there is no evidence to prove the claim other than the plaintiff’s abstract claim containing contradictory statements. There is no evidence such as a jewelry deed, photograph, video recording, or invoice regarding the jewelry given at the wedding, nor is there any evidence regarding the jewels mentioned.(…)
ELEVENTH CIVIL CHAMBER Case: 2019/1779 Decision: 2020/5237 Date: 19.11.2020
(…) Coming to the concrete case; although the court determined in section A/3 of the expert’s examination based on the evidentiary video footage submitted to the file that there was a “plain bracelet of 36gr, worth 3,096.00 TL” as jewelry, the judgment ruled for a “plain bracelet of 86 gr, worth 3,096.00 TL”, thus exceeding the demand in the judgment.(…)
Therefore, the court’s ruling in writing, contrary to the rule of adherence to the claim, without considering the material and legal facts explained above, was not deemed correct and necessitated reversal.
THIRD CIVIL CHAMBER Case: 2018/2732 Decision: 2018/12190 Date: 29.11.2018
(…) in the divorce case, the local court had an expert analyze the evidentiary video tape of the wedding ceremony held between the parties. In the report prepared by the expert who watched the wedding tape and the gift-giving ceremony; the gold given to the bride by the groom and his family at the wedding was determined, and it was stated that the total value of this gold as of the date of the lawsuit was 6,296.00 TL. After the preparation of this expert report, the defendant-counter plaintiff … submitted an amendment petition, increasing their claim regarding the value of the gold from 5,000.00 TL to 6,296.00 TL (…)
FOURTH CIVIL CHAMBER Case: 2011/627 Decision: 2012/3022 Date: 28.02.2012
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How is the Ownership of Jewelry Proven in Divorce Cases Under Turkish Law?
