… TO THE JUDGE OF THE FAMILY COURT
PLAINTIFF: TC No:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: Submission of our Petition Regarding the Payment of Contribution Fee.
OUR EXPLANATIONS
1-) Our client married the defendant … … on …/…/…. Initially, their marriage proceeded without problems, but due to increasingly frequent and violent arguments, it became unbearable. Our client filed a lawsuit on …/…/… requesting a divorce, and the … Family Court, with its decision dated …/…/… and numbered …/… E. …/… K., granted the divorce of our client and the defendant. 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 … block … parcel, which was acquired during the marriage to the defendant and remained with the defendant after the divorce.
3) Article 227 of the Turkish Civil Code No. 4721, titled “Share in Value Increase,” states:
“If one spouse has contributed to the acquisition, improvement, or preservation of a property belonging to the other spouse without receiving any or adequate compensation, during the liquidation process, the other spouse shall have a right to a share in the increase in value of that property in proportion to their contribution, and this share shall be calculated according to the value of the property at the time of liquidation; if there is a decrease in value, the initial value of the contribution shall be taken as the basis.”
4) In accordance with the regulations in the legislation, it has become necessary to apply to your court to demand from the defendant the contribution made by our client in the acquisition of the independent unit numbered … located on plot … of island ….
LEGAL GROUNDS: Articles 227, 228, 229, 230, 239, 240, 241 of Law No. 4721, Article 4787 of the Turkish Penal Code. 4.
LEGAL EVIDENCE: … Family Court decision dated …/…/… and numbered …/… E. …/… K., Land Registry Records, finality annotation of the local court decision, expert opinion, witness list showing the names and addresses of the witnesses and the subjects they will testify about.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the defendant be ordered to pay … TL as compensation for the contribution made by our client to the independent unit numbered … in plot … on island …, which was acquired during the marriage that began on …/…/… and ended with the divorce decree on …/…/… and which remained with the defendant as a result of the divorce; that the court costs and attorney’s fees be borne by the opposing party. …/…/…
ATTACHMENTS:
Plaintiff’s Attorney
Attorney
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