Who Owns the Wedding Jewelry?
Regardless of which spouse they are pinned on during the wedding, all jewelry (bracelets, quarter golds, full golds, etc.) belongs to the woman. Only items specifically intended for the husband’s use (e.g., men’s cufflinks) belong to the man. All other wedding jewelry belongs to the wife, irrespective of who presented the gift or to which spouse it was given.
How to File a Lawsuit for Wedding Jewelry?
Claims regarding wedding jewelry can be asserted within a divorce lawsuit or as a separate lawsuit after the divorce decree becomes final. It is beneficial to file this as a stepwise (alternative) claim (terditli dava). Specifically, the plaintiff should request the return in kind (aynen iade) of the jewelry if available, or if not possible, the payment of its monetary value.
Example Claim: > “I request the return in kind of the jewelry consisting of 8 bracelets, 17 full golds, and 42 quarter golds; if return in kind is not possible, I request the payment of their value together with legal interest.”
Since this is an independent claim and not a secondary consequence of divorce, a proportional court fee (nispi harç) must be paid based on the value of the jewelry.
Are Wedding Jewelry Included in the Liquidation of Matrimonial Property?
Since wedding jewelry is considered the personal property (kişisel mal) of the woman, it is not included in the calculation of the liquidation of matrimonial property during divorce.
Even if the jewelry was spent on common needs, wedding expenses, or to pay off the husband’s debts during the marriage, the woman maintains the right to demand them back. The husband can only avoid this liability if he proves that the wife gave the jewelry to him on the condition that they would not be returned. The burden of proof lies with the husband.
Statute of Limitations and Forfeiture Periods
Claim for Return in Kind (Action for Replevin): If the jewelry still exists and is in the defendant’s possession, the lawsuit is considered an action for replevin (istihkak davası) and is not subject to any statute of limitations.
Claim for Monetary Value: If the jewelry no longer exists and its monetary value is requested, the lawsuit is characterized as a compensation claim and is subject to a 10-year statute of limitations. This 10-year period begins once the divorce dec ree becomes final.