Legal Questions and Answers
Browse answers to legal questions about divorce, tenancy, inheritance, employment and everyday life by topic.
117 questions · 8 topics
Divorce and Family Law25 questions
Can I get a divorce if my spouse does not want to?
Yes. Under the Turkish Civil Code, even if one of the spouses does not want a divorce, the other spouse may file for divorce based on the legal grounds provided. The court evaluates whether the marriage union has been shaken to its core and whether the relevant legal conditions have been met. However, the mere fact that one spouse wants a divorce does not mean the case will necessarily be granted.
How long does a divorce case take?
The duration of the case varies depending on the disagreements between the parties, the collection of evidence, the hearing of witnesses, expert examinations, and the court's workload. An uncontested divorce is usually faster, whereas a contested divorce may take longer, especially if appeals are involved. It is not possible to provide a precise timeframe for every case.
How is adultery proven in a divorce case?
Adultery is defined as a specific ground for divorce in Article 161 of the Turkish Civil Code. Depending on the specifics of the case, messages, photos, travel records, witness testimonies, and other evidence obtained legally can be evaluated. The six-month and five-year limitation periods in the law are important in cases based on adultery. Evidence obtained unlawfully is evaluated separately.
Can WhatsApp messages be used as evidence in a divorce case?
Yes, WhatsApp communications that are relevant to the dispute and obtained legally may be submitted as evidence. However, the authenticity, integrity, ownership, and acquisition method of the messages are important. Accessing someone else's account without permission or obtaining private correspondence through unlawful means may create separate legal liabilities alongside the admissibility of the evidence.
Can I use recordings I obtained by checking my spouse's phone?
It cannot be said that you can use them in every case. Unauthorized inspection of a phone, bypassing passwords, or obtaining private data may lead to legal and criminal issues. Whether the evidence is evaluated in court depends on how it was obtained and the specific circumstances of the case. One should not act unlawfully to obtain evidence.
Can I receive material and moral compensation when divorcing?
According to Article 174 of the Turkish Civil Code, the spouse who is faultless or less at fault, whose existing or expected interests have been damaged due to the divorce, may request material compensation. The spouse whose personal rights have been violated may also request moral compensation from the at-fault party. The amount of compensation is determined by taking into account the degree of fault and the circumstances of the specific case.
Does a woman have to leave the house if she files for divorce?
No. The fact that a woman files for divorce does not make it mandatory for her to leave the marital home. Either spouse may request an interim measure from the court regarding who will continue to use the family residence. If there is violence or a threat of violence, protective and preventive measures under Law No. 6284 may also be initiated.
Who stays in the marital home during the divorce process?
It cannot be said that only one spouse automatically has the right to the home. Under Article 169 of the Turkish Civil Code, the judge may take necessary interim measures regarding housing, living expenses, and the protection of children. While it is important to whom the property belongs, ownership may not be the sole determinant when evaluating a temporary use decision.
Who owns the gold jewelry given at the wedding?
When evaluating ownership of jewelry, the nature of the items, who they were given to, any agreements between the parties, and the current Court of Cassation precedent applied to the specific case are taken into account. It is not accurate to establish a general rule that all wedding jewelry belongs to either the wife or the husband in every case. Who the jewelry was given by, who it was intended for, and the status of proof are all important factors.
Should I file a separate lawsuit to get back my wedding jewelry?
A claim for jewelry can be requested alongside the divorce case or, depending on the circumstances, can be brought forward in a separate lawsuit. Which method is appropriate depends on the status of the existing file, how the requests were framed, and considerations of the statute of limitations. It is important to preserve evidence regarding the type, quantity, and value of the jewelry.
Do I have a right to the house my spouse bought before marriage?
In general, real estate acquired before marriage is considered the personal property of that spouse under the regime of participation in acquired property. However, if legal conditions are met, the other spouse may have claims based on contributions made during the marriage, marital property claims, or value increase shares. Not being an owner on the title deed does not mean that every type of economic claim is impossible.
How are a house and car bought during the marriage shared?
Under the legal property regime of participation in acquired property, assets acquired during the marriage and their financing sources are evaluated. In whose name the asset is registered does not solely determine the result of the division. Personal property, debts, the date the asset was acquired, and any existing prenuptial agreements are all taken into account.
How is fault determined in a divorce case?
The court evaluates the parties' behaviors within the marriage union, the facts presented, and evidence obtained legally. Insults, violence, infidelity, or conduct contrary to the obligations of shared life can affect the fault assessment based on the specifics of the case. Allegations must be proven; a statement from one party alone may not be sufficient in every instance.
Does my spouse insulting me create a right to compensation?
Insults can be significant in the fault assessment for divorce and in claims for moral compensation based on the violation of personal rights, depending on the severity and proof of the incident. However, not every argument or hurtful word automatically creates a right to compensation. The content, repetition, circumstances of the words, and their connection to other events are evaluated.
By which criteria is child custody determined?
The primary criterion is the best interest of the child. The court evaluates factors such as the child's age, needs, the parenting capacity of the parents, the child's safety, development, and, if necessary, the child's own opinion. Custody is not automatically granted to the mother or father; gender is not a deciding factor on its own.
What can I do if the other parent does not let me see my child?
If there is a court order regarding personal relations with the child, you can apply to the authorized judicial support units regarding child delivery and personal relationship provisions to enforce the decision. If there is no such order, you can file a request with the court to establish a personal relationship. If there is a situation threatening the child's safety, this must also be reported.
In which cases is alimony increased or decreased?
If significant changes occur in the economic conditions or needs of the parties after alimony is determined, a request can be made to the court for an increase or decrease. The judge evaluates the type of alimony, the reasoning behind the previous decision, income, needs, and equity. Changes do not occur automatically in every case.
What can be done against an ex-spouse who does not pay alimony?
It is possible to follow up on an alimony decision through enforcement proceedings. If the conditions are met, disciplinary imprisonment under Article 344 of the Enforcement and Bankruptcy Code may also come into question due to the failure to pay alimony. For this, the relevant enforcement process and complaint conditions must be fulfilled.
Can I use my ex-spouse's surname after divorce?
According to Article 173 of the Turkish Civil Code, a divorced woman as a rule resumes her maiden name. If she can prove that she has an interest in using her ex-spouse's surname and that this will not harm the ex-spouse, she may request permission from the judge to continue using it. If conditions change later, the permission may be re-evaluated.
Which rights should I be careful about in a divorce protocol?
Issues such as alimony, material and moral compensation, custody, personal relationship with the child, jewelry, property regime, and litigation expenses must be explicitly addressed. Waiving a right or leaving the scope of a request ambiguous in the protocol can create disputes later. The legal consequences of each clause should be understood before signing.
Who gets the wedding gold upon divorce?
When evaluating ownership of the gold given at the wedding, factors such as the agreement between the spouses, established local customs if proven, who the jewelry was given to, and its nature are taken into account. Therefore, it is not correct to say that all wedding jewelry belongs to the woman or man in every situation.
During the divorce process, photographs of the jewelry, wedding footage, jeweler records, and statements from the parties can be important. Who possesses the jewelry and for what purpose it was given are also evaluated according to the specific case.
“To avoid losing rights regarding wedding gold, one should look not only at who has the gold, but also at who it was given to and for what purpose.”
In which cases is alimony terminated?
The termination of alimony varies according to the type of alimony.
Poverty alimony: Termination or cancellation may be on the agenda in cases specified by law, such as the person receiving alimony getting married or changes in the economic conditions of the parties.
Child support (maintenance): Paid for the child's care and educational expenses. As a rule, the child reaching adulthood ends the child support; however, if education is ongoing, other legal options such as maintenance for education may apply.
Precautionary alimony: This is alimony awarded temporarily during the case and is evaluated according to the stage of the case.
The fact that the person receiving alimony starts a job does not automatically mean that alimony will be terminated in every case. The type of alimony, the content of the decision, and changing economic conditions are important.
“The person receiving alimony getting a job does not mean alimony is automatically cut off. First, one must look at the type of alimony and the court decision.”
How can I prove my spouse is cheating on me?
Adultery is regulated as a specific ground for divorce in Article 161 of the Turkish Civil Code. In terms of proof, photographs, correspondence, witness accounts, and other evidence obtained legally based on the specifics of the case may be important.
However, suspicion does not mean that adultery has been proven. Collecting evidence by accessing the spouse's phone without permission, hacking accounts, or violating the privacy of private life can also lead to legal and criminal issues.
Since there are specific limitation periods in the law for cases based on adultery, the timeframes should also be evaluated once the incident is learned.
“Suspecting infidelity is not the same as legally proven adultery. How the evidence was obtained is just as important as its content.”
Can WhatsApp correspondence be evidence in a divorce case?
Yes, WhatsApp correspondence can be evaluated as evidence in a divorce case. However, the authenticity of the messages, their connection to the dispute, and whether they were obtained legally are important.
It may be useful to save screenshots of messages, preserve the integrity of the conversation whenever possible, and keep date information. The fact that the messages were obtained unlawfully may cause problems regarding their admissibility in court.
“Not every WhatsApp screenshot is automatically valid evidence. The authenticity of the message and the method of acquisition are important.”
How are a house and car acquired in marriage shared?
If there is no other property regime agreement between the spouses, the regime of participation in acquired property applies as a rule. Assets acquired during the marriage are evaluated according to the conditions in the law when the property regime ends.
However, the fact that the title deed or vehicle is registered in the name of only one spouse does not by itself show that the other spouse has no rights. On the other hand, assets acquired before the marriage, through inheritance, or gifted assets can generally be considered personal property. A separate evaluation may be required regarding the income from personal property and contributions made to that property.
“Do not immediately conclude that you have no rights to property division because the asset is registered in your spouse's name. When the asset was acquired and with what source is important.”
Maintenance and Children’s Rights10 questions
What are the conditions for receiving poverty alimony?
According to Article 175 of the Turkish Civil Code, the party who will fall into poverty due to the divorce may request alimony, provided that their fault is not heavier than the other party's. The fault of the party liable for alimony is not sought. The court evaluates the economic and social conditions of the parties and the circumstances of the specific case.
Can a working woman receive alimony?
Yes, being employed is not an obstacle to poverty alimony on its own. What matters is whether the condition of falling into poverty as a result of the divorce, the fault situation, and other legal conditions have been met. Income level and living conditions are evaluated in the specific case.
Can a male spouse be required to pay spousal support?
Yes. The law does not make a gender-based distinction between men and women regarding poverty alimony. The party who meets the legal requirements may request alimony from the other party.
Is alimony terminated if the recipient finds a job?
Finding a job does not automatically terminate alimony in every case. It is evaluated whether the new income eliminates the condition of poverty and the other conditions for alimony. It may be necessary to apply to the court for the termination of alimony according to the circumstances.
What happens to alimony if the ex-spouse remarries?
If the party receiving poverty alimony remarries, the alimony automatically ends by operation of law. Regarding cohabitation as if married, the cessation of poverty, or other reasons for termination specified in the law, the nature of the situation and the necessary legal processes are evaluated.
Does alimony end automatically?
The answer depends on the type of alimony. Poverty alimony may end in situations specified by law, such as the creditor's remarriage or the death of one of the parties. For child support, the child reaching the age of majority is important; conditions regarding education and assistance alimony are evaluated separately.
When does child support paid for a child end?
As a rule, child support continues until the child reaches the age of majority. With the child reaching majority, the existing child support may end; however, an adult child who continues their education may request assistance alimony from their parents if the conditions are met. The education status and needs are important.
Can a child attending university request alimony from their mother or father?
In accordance with the second paragraph of Article 328 of the Turkish Civil Code, if the child's education continues after reaching the age of majority, the parents may continue their maintenance obligations as far as conditions allow until the education is completed. Additionally, conditions for assistance alimony under Article 364 may also arise. The request is evaluated according to concrete circumstances.
Can failing to pay alimony lead to imprisonment?
Failure to pay alimony debt may lead to enforcement imprisonment (coercive imprisonment) if there is an relevant enforcement proceeding and legal conditions are met. This is not a general prison sentence applied to every debt; it is specifically regulated in the Enforcement and Bankruptcy Law. Time limits and procedural requirements must be checked separately.
How is the amount of alimony determined?
The judge evaluates the parties' income, expenses, living conditions, needs, the child's requirements, and equity according to the type of alimony. The alimony amount is not tied solely to a salary or a single calculation formula. If conditions change after the decision, an increase or decrease may be requested.
Tenancy and Eviction Law19 questions
Can the landlord increase the rent by any rate they wish?
No. For residential and roofed workplace rentals, the increase for renewed rental periods is evaluated within the framework of Article 344 of the Turkish Code of Obligations. Generally, the increase rate cannot exceed the twelve-month average rate of change in the CPI; however, special provisions regarding rent determination may apply to rental relationships exceeding five years.
How is the CPI rate applied in rent increases?
The rent increase rate is based on the twelve-month average rate of change in the CPI valid for the relevant renewal period. The provision in the contract and the type of rental must also be examined. The new rent amount is calculated based on the current rent and the applicable increase rate.
When can the landlord file a rent determination lawsuit?
It may be requested that the rent amount be determined by the court. While the increase provisions in the contract and legal limits are important within the first five years, comparable rents and equity may also be taken into account in contracts longer than five years or those renewed after five years. The timing of the lawsuit and notice is important regarding from which period the new amount will be valid.
Can a rent determination lawsuit be filed before five years are completed?
Regarding the determination of the rent, the duration of the contract and the legal basis are important.
Under Article 344 of the Turkish Code of Obligations, in rental contracts lasting longer than five years or renewed after five years, the new rent may be determined by taking into account comparable rents and the condition of the real estate.
There may be situations where the determination of rent can be requested before five years are completed; however, this does not mean it is automatically possible in every new contract or for every low rent amount. Contract provisions, lawsuit conditions, and the concrete event must be examined.
“It is not correct to say that you must wait five years in every case just because your rent is below comparable ones, nor is it correct to say that a lawsuit can necessarily be filed before five years.”
Under what conditions can the landlord evict the tenant?
The landlord must rely on an eviction cause specified in the law. Each of the reasons such as need, reconstruction or major repairs, a valid written eviction commitment, non-payment of rent, and two justified notices has separate conditions. It is not sufficient for the landlord to simply want the tenant to leave.
Under what conditions is an eviction commitment valid?
Within the scope of Article 352 of the Turkish Code of Obligations, the commitment must be in writing, given after the delivery of the leased property, and contain a specific eviction date. It is also important that the commitment is given by the tenant or their authorized representative. The application deadlines specified in the law must be followed for eviction.
Is an eviction commitment I signed while blank valid?
Signing a blank document does not mean that the document is invalid in every case. The conditions under which the document was signed, how it was filled out later, the agreement between the parties, and the means of proof are evaluated. In such disputes, the original document, correspondence, and other evidence are important.
Is eviction possible due to a single rent debt?
A single rent debt does not result in immediate eviction in every case. The lessor can only use the payment order, eviction due to default, or other legal remedies within the framework of relevant procedural and time conditions. In residential and roofed workplace rentals, the conditions foreseen in the law must be met for eviction due to default.
Does the tenant's contract end when the house is sold?
No. In accordance with Article 310 of the Turkish Code of Obligations, the change of ownership of the leased property does not, as a rule, terminate the rental contract. The new owner becomes a party to the contract; if they wish to evict, they must comply with the conditions of need or other legal reasons.
How can a new landlord evict the tenant if they want to live there themselves?
The new owner may resort to the path in Article 351 of the Turkish Code of Obligations, provided that the need for a residence or workplace is real, sincere, and mandatory. The path of written notification within one month from the date of acquisition and filing a lawsuit after six months, or the option of filing a lawsuit within one month from the end of the contract term, may arise. Correct calculation of time limits is important.
What should a tenant do if they cannot get their deposit back?
The tenant must document that they delivered the real estate in accordance with the contract upon the end of the rental relationship and that they are entitled to the deposit. The landlord must substantiate any rent debt or damages for which the tenant is responsible; wear and tear resulting from ordinary use cannot be charged to the tenant. Mediation and subsequent filing of a lawsuit in the competent court may be necessary in the dispute.
If the tenant moves out early, do they pay the rent for the remaining months?
The tenant vacating the property before the contract term expires does not mean that all remaining rent will be paid unconditionally in every case. Pursuant to Article 325 of the Turkish Code of Obligations, the tenant may be responsible for obligations that may arise during a reasonable period in which the property can be re-rented under similar conditions. Finding a suitable new tenant and the lessor's duty to mitigate damages are also important.
Is the tenant responsible for dues debt?
The tenant may be responsible for ordinary usage expenses falling to them within the scope of the rental relationship and apartment management. Conversely, some expenses arising from the ownership of the property and structural renovation costs in common areas may belong to the landlord. The nature of the expense, the contract, and the provisions of the Condominium Law must be evaluated together.
Can the landlord enter the tenant's house without permission?
Even if the landlord is the owner of the property, they must respect the tenant's sanctity of residence and private life. Entering the house without the tenant's consent, unless there is legal authority or an emergency, can result in legal and, depending on the circumstances, criminal consequences. It is necessary to agree on a suitable time for inspection or showing of the house.
When should an objection be made to an eviction notice sent to the tenant?
The type of notice, the legal path it is based on, and the notification date are decisive. Objection to a payment order, response to a written notice, and defense periods in an eviction lawsuit can differ. Especially in a payment order sent via enforcement, if the legal deadline is missed, serious loss of rights may occur, so the document must be examined without delay.
Can the landlord increase the rent as much as they want?
No. In residential and roofed workplace rentals, rent increases are subject to Article 344 of the Turkish Code of Obligations. In renewed rental periods, the agreed-upon increase generally cannot exceed the twelve-month average rate of change in the consumer price index of the previous rental year.
In contracts longer than five years or those renewed after five years, elements such as comparable rents, the condition of the real estate, and equity may also be taken into account in rent determination.
“The landlord cannot apply any raise rate they wish just because rents in the area have increased. The contract duration and legal limits are important.”
Under what conditions can the landlord evict me from the house?
The landlord cannot evict the tenant directly just because they want the house back. There must be one of the eviction reasons regulated by law.
The main reasons are:
The tenant's non-payment of rent and the occurrence of legal conditions,
The real residential or workplace need of the landlord or their close relatives specified in the law,
The existence of a valid eviction commitment,
The tenant or their spouse having a residence suitable for living within the borders of the same district or town and the realization of relevant legal conditions,
Other eviction reasons regulated by law, such as two justified notices.
Each eviction reason has its own specific time and procedural conditions.
“The landlord wanting the house is not sufficient on its own. The reason and procedural conditions foreseen by law for eviction must be met.”
Will I be evicted because I didn't pay one rent?
Non-payment of a single rent does not mean that the tenant will be evicted automatically and immediately.
In residential and roofed workplace rentals, pursuant to Article 315 of the Turkish Code of Obligations, a period must be given to the tenant in writing, and the legal consequences of non-payment within this period must be notified. As a rule, this period is at least 30 days.
If enforcement proceedings have been initiated, the content of the payment order, the date of notification, and the enforcement path applied must also be examined.
“If you have one rent debt, do not ignore the notice. Eviction does not happen by itself; however, missing legal deadlines can have serious consequences.”
What happens if I signed a blank eviction commitment?
The fact that an eviction commitment was signed as blank does not mean that the document is invalid in every case. When the document was signed, whether it was drawn up after the delivery of the leased property, how the eviction date was determined, and the agreement between the parties are important.
According to Article 352 of the Turkish Code of Obligations, for the validity of an eviction commitment, it must be given in writing after the delivery of the leased property. If there is a dispute regarding the signature or the document being filled out later, the rules of evidence and the concrete event must be evaluated.
“If you signed a blank eviction commitment, do not immediately assume it is invalid. How the document was prepared and on what date it was signed can be decisive.”
Inheritance and Asset Division20 questions
Can my sibling live alone in the house inherited from my father?
Joint ownership or shared ownership after division may exist among heirs. One heir using the real estate alone does not automatically eliminate the rights of other heirs. The nature of the use, the consent of other heirs, and the circumstances of the concrete case should be evaluated.
Can I request a usage fee from my sibling living in the inherited house?
If the conditions are met, ecrimisil (damages for wrongful occupation) or compensation due to usage may be requested. However, in disputes between stakeholders, the condition of being prevented from enjoyment (intifadan men), the nature of the property, and whether the usage hinders the rights of other stakeholders may be important. A retroactive rent receivable does not automatically arise in every case.
Can my sibling rent out the house without the permission of the other heirs?
In inheritance partnership, management and disposition transactions on real estate depend on the type of ownership and the nature of the transaction. In joint ownership, as a rule, acting together is required; important management and disposition transactions in shared ownership are also subject to special rules. Legal remedies may be sought for transactions that violate the rights of other heirs.
How can inherited real estate be sold?
Heirs can reach an agreement to distribute the inheritance and carry out the necessary title deed procedures. If an agreement cannot be reached, a lawsuit for the dissolution of the partnership (partition) can be filed depending on the conditions. The court assesses whether the physical division of the property is possible; if physical division is not possible, the dissolution of the partnership through sale may be considered.
Can a lawsuit for the termination of co-ownership be filed if one heir opposes the sale?
Yes. Any of the shareholders or heirs, with the exception of legal exclusions, can request the dissolution of the partnership. If the physical division of the property is possible, this method can be considered; if not, a decision for sale can be made. Before filing a lawsuit, the ownership structure and applicable special provisions must be examined.
How is the sale price of an inherited house shared among the heirs?
The sale proceeds are distributed according to inheritance shares and ownership status. If there is a valid distribution agreement among the heirs, or if there are debts, mortgages, or other legal circumstances, the outcome may be affected. Sales expenses and related liabilities are also taken into account.
My father transferred his house to my sibling during his lifetime. Can I protect my inheritance right?
It must be examined whether the transfer was a genuine sale, a gift, or an act intended to deprive heirs of their inheritance. If the conditions are met, a lawsuit for title deed cancellation and registration due to the decedent's collusion (muris muvazaası) or a reduction lawsuit (tenkis) in case of a violation of the reserved share may be initiated. Which lawsuit is appropriate depends on the nature of the transaction and the evidence.
What is a lawsuit for the decedent's collusion (muris muvazaası)?
The decedent's collusion refers to the allegation that the decedent transferred a real estate property they actually intended to gift by disguising it as a sale, thereby damaging the rights of the heirs. In the lawsuit, the true nature of the transaction, the intention of the parties, the price paid, and other evidence are evaluated. Not every intra-family property transfer is considered collusion.
What is a reserved share (saklı pay)?
A reserved share is the inheritance portion protected by law for certain heirs. Under the Turkish Civil Code, descendants, parents, and the surviving spouse can be holders of a reserved share within the conditions and proportions stipulated by law. If the decedent’s dispositions violate the reserved share, a reduction lawsuit (tenkis) may be initiated.
Can the decedent leave all their assets to only one child?
As a rule, the decedent may dispose of their assets; however, they cannot violate the rights of heirs with reserved shares. If a violation of the reserved share occurs due to a will or gifts, a reduction (tenkis) can be requested if the conditions are met. The type of transaction, the scope of the assets, and the situation of the heirs are determining factors.
How can a will be cancelled?
The cancellation of a will can be based on reasons regulated in Article 557 and following articles of the Turkish Civil Code. Reasons such as lack of legal capacity, vitiation of consent, content contrary to law or morals, or non-compliance with formal requirements are evaluated in the specific case. Legal time limits are important in a cancellation lawsuit.
What is the time limit for renouncing an inheritance?
As a rule, an inheritance can be renounced within three months from the date the heir learns they are an heir. The start of this period and any exceptions are evaluated based on the heir's situation. The statement of renunciation is made to the civil court of peace in the manner prescribed by law; missing the deadline can have serious consequences.
Will I also be responsible for inheritance debts?
Heirs who accept the inheritance can be held responsible for the debts of the decedent within the rules of the Turkish Civil Code. Legal institutions such as renunciation of inheritance, renunciation by operation of law, and official liquidation have different conditions. The concrete situation must be examined without delay regarding the impact of debts on the heir's personal assets.
Can real estate be sold before inheritance distribution?
While the inheritance partnership continues, one must act in accordance with the type of ownership and the nature of the relevant legal transaction to sell the entire property. As a rule, it is not possible for one heir to transfer the entire property by themselves. The transfer of an inheritance share is a different transaction from selling the entire property.
What can be done if one of the heirs hides the estate property?
Other heirs can apply to the court to determine the estate and request measures to protect the estate assets. Appropriate legal channels can be used to identify assets such as bank accounts, real estate, vehicles, and debts. If there is an allegation of hiding assets or unfair disposal, relevant lawsuits and applications are also considered.
My father gave his house to my sibling. Can I get my inheritance right?
First, the nature of the transaction must be examined. Did your father actually transfer the property for the purpose of a sale, did he gift it, or was there an intention to deprive other heirs of their inheritance? The answers to these questions are important.
If the transfer is a sham sale that is actually a gift and there is an intent to deprive heirs of their inheritance, a lawsuit for title deed cancellation and registration based on the decedent's collusion may be initiated if the conditions are met.
However, not every intra-family transfer is collusive. The true purpose of the transaction, payment of the price, the economic situation of the parties, and other evidence are evaluated together.
“Real estate transfers made by your father during his lifetime do not in all cases mean that the rights of other heirs are extinguished.”
My sibling is living alone in the inherited house. What can I do?
If no distribution has been made among the heirs, rights over the estate are evaluated within the scope of the inheritance partnership. An heir living in the property does not automatically extinguish the rights of other heirs.
However, it cannot be said that rent can be collected automatically from the heir living alone in the house in every case. In claims for damages due to occupation (ecrimisil) or use, how the property is used, whether the use of other heirs is prevented, and the specific circumstances of the case are important.
If the parties cannot agree, legal remedies such as distribution or termination of co-ownership can be considered.
“Just because your sibling is living in the inherited house does not mean your right is extinguished. However, what claim you can make depends on the conditions of use of the house.”
What happens if the inherited house is not wanted to be sold?
If the heirs cannot agree on the distribution, a lawsuit for the dissolution of the partnership can be filed depending on the conditions.
The court evaluates whether physical division of the property is possible and the relevant conditions. If physical distribution is not possible or legal conditions have not been met, dissolution of the partnership through sale may be considered.
The price obtained from the sale is distributed within the framework of the rules regarding inheritance and share ratios. However, the same result cannot be claimed for every case without assessing the legal status of the property and the type of partnership.
“Just because one heir does not want the property to be sold does not mean that the right of other heirs to terminate the partnership is extinguished in all cases.”
Can I transfer my inheritance right to someone else?
Yes, but it is important to know at what stage the inheritance is and what is being transferred.
After the inheritance is opened, the transfer of an inheritance share can lead to different legal consequences depending on whether it is made among heirs or to third parties. Article 677 of the Turkish Civil Code contains special provisions regarding the transfer of inheritance shares.
A contract for renunciation of inheritance made before the inheritance is opened—that is, while the decedent is still alive—is subject to different conditions and formal requirements. Therefore, it must be determined for which transaction phrases like “I transferred my inheritance share” or “I waived my inheritance right” are used.
“Transferring an inheritance share and renouncing an inheritance are not the same thing. The legal nature of the document signed may affect your future rights.”
If my reserved share has been violated, what lawsuit can I file?
The Turkish Civil Code provides reserved share protection for certain heirs. Heirs with reserved shares have inheritance rights in the proportions determined by law.
If the gifts or post-mortem dispositions made by the decedent violate the reserved share, a reduction (tenkis) lawsuit may be filed if the conditions are met. Reduction aims to decrease the dispositions that damage the reserved share within legal limits.
The right to sue and time limits are important. In a reduction lawsuit, the date of knowledge, the opening of the inheritance, and the relevant legal periods must be evaluated according to the concrete case.
“The existence of a will or a gift does not mean that your reserved share is extinguished in all cases.”
Employment Law and Workers’ Rights18 questions
Can an employee who resigns receive severance pay?
As a rule, an employee is not entitled to severance pay when they resign voluntarily. However, there are exceptions to this rule regulated by law.
In cases such as termination for just cause by the employee, meeting retirement conditions, military service, or a female employee resigning within one year from the date of marriage, the right to severance pay may arise if the relevant conditions are met.
The reason for terminating the employment contract and the content of the termination notice are important.
“Not everyone who resigns loses their severance; however, the reason for departure must be legally evaluated correctly for the right to severance pay.”
In what situations can an employer terminate an employee without severance pay?
The employer's right to immediate termination for just cause is subject to the conditions in Article 25 of the Labor Law. Legal reasons, such as the employee's behavior contrary to ethics and good faith, can form the basis for termination without severance pay under certain conditions. The employer's justification for termination must be proven in the concrete case, and relevant procedural conditions must be observed.
What is the time limit for an employee who has been fired to file a lawsuit?
For a reinstatement request, an employee under job security is required to apply to a mediator within one month from the notification of the termination. If an agreement cannot be reached, a lawsuit must be filed within two weeks from the final report. The time limits for claims such as severance and notice pay may be different.
What are the conditions for filing a reinstatement lawsuit?
In general, conditions such as having at least 30 employees in the workplace, the employee having at least six months of seniority, and working with an open-ended contract are sought; legal exceptions are reserved. There are also special provisions regarding employer representatives. The claim that the termination is not based on a valid reason must be asserted within the legal time limits.
How can unpaid overtime wages be claimed?
The employee can demonstrate that they have performed overtime work and that it has not been compensated with legally valid evidence. Timekeeping records, entry/exit data, correspondence, payrolls, and witness accounts can be important. Mandatory mediation before the lawsuit and statute of limitations provisions must be taken into account for labor claims.
Can an employee terminate the contract if the employer pays the salary late?
Failure to pay wages in accordance with the law and the contract may give the employee the opportunity to terminate for just cause if the conditions are met. Article 24 of the Labor Law and the time of payment of wages must be taken into account. Before termination, it is important to document unpaid wages, the delay, and other conditions.
Are the wages for unused annual leave paid?
When the employment contract ends, the wage for unused annual leave days is paid to the employee based on the wage at the date of termination. Converting the right to annual leave into a cash equivalent while the contract is still ongoing is generally not possible. Leave records and seniority calculations are important.
How is mobbing proven?
Mobbing can be evaluated based on behaviors systematically applied in the workplace intended to intimidate or exclude the employee. E-mails and messages, changes in duties, witness accounts, performance records, and other concrete data can be important. Not every workplace disagreement is mobbing; the entirety and continuity of the behaviors are examined.
Can an employer fire an employee based on WhatsApp messages?
WhatsApp messages can be evidence depending on their content and the manner in which they were obtained. However, not every message constitutes a just or valid reason for firing. The connection of the message to the workplace, the employee's behavior, the proportionality of the termination, and the applicable labor law provisions must be evaluated.
Does an employee pay notice pay if they resign voluntarily?
Notification periods must be observed in open-ended contracts. If an employee terminates the contract without just cause and without complying with the notification period, they may owe notice pay to the employer if the conditions are met. Immediate termination for just cause and other special situations are evaluated separately.
How many hours can a pregnant employee work per day?
There are special protective provisions in labor legislation regarding pregnant employees. Paid leave must be granted for periodic check-ups during pregnancy. Additionally, it is important to provide work suitable for the pregnant employee in line with a physician's report and to comply with working conditions in the legislation.
Special regulations regarding night work, working hours, and health and safety conditions may apply to pregnant or breastfeeding employees. Therefore, it is not accurate to evaluate based solely on “leaving at 5:00 PM every day”; the work schedule and relevant legislation must be examined together.
“The rights of pregnant employees do not depend solely on the internal practices of the employer; the law and relevant regulations also provide protection.”
Is it possible to have a pregnant employee work on weekends?
Being pregnant does not mean that weekend work is absolutely prohibited in all circumstances. However, working hours, weekly rest, medical reports, risks of the work, and special protective regulations to be applied during pregnancy must be taken into account. Changing working conditions or moving to suitable work based on a physician's report may be on the agenda.
Can an employer unilaterally reduce an employee's salary?
A substantial change in an employee's salary may be subject to conditions such as written notification and the employee's written consent, as stipulated under Article 22 of the Labor Law. As a general rule, an employer cannot unilaterally impose a substantial change in salary. If the employee does not accept the change, the consequences of the change and potential termination processes are evaluated separately.
What rights does an employee who leaves during the probation period have?
During the probation period, the parties may terminate the contract without observing the notice period and without paying notice compensation, provided they follow the conditions specified in the law. However, the salary for the days worked and other accrued rights of the employee must be paid. The validity and duration of the probation period are evaluated according to the contract and statutory provisions.
What compensation can an employee who has had a work accident claim?
The employer's liability in a work accident is evaluated based on occupational health and safety obligations, the status of fault, and the causal link between the accident and the damage. If conditions are met, claims for pecuniary and non-pecuniary damages, SSI benefits, and permanent disability rights may arise. It is important to preserve accident records, medical documents, and other evidence.
How is my severance pay calculated?
As a general rule, severance pay is calculated based on 30 days of gross comprehensive salary for each full year of employment. Periods exceeding one year are included in the calculation proportionally.
The comprehensive salary may not consist solely of the base salary. Certain regular benefits that can be measured in monetary terms may be included in the calculation according to legal conditions. Furthermore, the severance pay ceiling and conditions for entitlement are taken into account.
For an exact calculation, dates of entry and exit, salary payrolls, regular fringe benefits, and the reason for termination must be examined.
“Severance pay is not just your last salary multiplied by your years of service. The comprehensive salary and the severance pay ceiling are also taken into account.”
What should I do if my employer does not pay my salary?
Timely and full payment of an employee's salary is one of the employer's fundamental obligations. In the event of non-payment, the employee may seek to claim the amount due and, if the legal conditions are met, may have the opportunity to terminate the employment contract for just cause.
Bank records, payrolls, the employment contract, and correspondence should be saved. Mandatory mediation for labor claims, the competent court, and statutes of limitation must also be taken into account.
“Do not be content with only complaining verbally if your salary is not paid; preserve your records and do not miss the time limit for seeking your rights.”
Can I receive compensation if I quit due to mobbing?
Not every argument or disagreement at the workplace is legally considered mobbing. In a mobbing claim, the systematic nature, continuity, character, and effect of the behavior on the employee are significant.
Depending on the concrete situation, the employee may be entitled to terminate for just cause, or to claim pecuniary or non-pecuniary damages or pursue other legal remedies. However, the outcome depends on the nature of the events, evidence, characteristics of the employment relationship, and legal requirements.
It is important to preserve lawful evidence such as e-mails, messages, records of job changes, minutes, and witness testimonies.
“If you believe you are experiencing mobbing, carefully evaluate the events and evidence before leaving your job. The wrong method of termination may lead to a loss of rights.”
Enforcement, Debts and Attachment10 questions
What portion of a salary can be seized?
The general rule for employee wages, excluding alimony and legal exceptions, is that a seizure can be applied to at least one-quarter of the salary; in practice, the one-quarter limit is the standard. However, the nature of the wage, multiple seizures, and special legislation are significant. Assessments regarding civil servant salaries and other income should be conducted separately.
What is the time limit for objecting to an enforcement payment order?
The time limit depends on the type of enforcement proceeding and the nature of the served document. In general proceedings without a court judgment, the debtor can, as a rule, object to the debt and signature within seven days from the date of notification of the payment order. Since there are different time limits for proceedings based on commercial instruments and other types of proceedings, the heading of the document must be checked.
What should I do if an enforcement proceeding is initiated for a debt that does not belong to me?
First, the type of payment order and the notification date must be determined, and the appropriate objection must be made within the applicable time limit. It may be claimed that the debt never existed, has been paid, or does not belong to the individual. Because the consequences vary according to the form of the objection and the type of proceeding, the time limit must not be missed.
What can I do if an enforcement file remains open even though I have paid my debt?
Payment documents should be preserved, and if the payment has not been processed in the file, an application should be made to the relevant enforcement office. If the debt is fully paid, the necessary actions can be taken to close the file and lift any seizures. It should also be checked whether there are any remaining items such as fees, expenses, or interest.
Which household items can be seized?
Regarding seizures, Article 82 of the Enforcement and Bankruptcy Law and related provisions apply. There are legal protections regarding essential household items for the debtor and family members living under the same roof; however, it cannot be said that no item can be automatically seized. The nature of the item, the presence of multiple items used for the same purpose, and legal exceptions are significant.
What should be done if a bank account is blocked?
First, the reason for the blockage should be identified: it could be an enforcement seizure, a court order, a public receivable, or a restriction arising from the bank's own procedure. The relevant decision or file should be examined to apply to the correct authority. If non-seizable income or erroneous transactions are involved, objection and complaint methods appropriate to the concrete situation can be evaluated.
Am I liable for the debt of someone I have guaranteed?
The validity, scope, type of guarantee, and legal form requirements of the guarantee contract are important. In a guarantee provided by a natural person, requirements such as the written form stipulated by the Turkish Code of Obligations, the maximum amount, and, where necessary, the spouse's consent must be examined. If there is a valid guarantee, the guarantor may be liable within the scope of the contract.
How can a receivable be collected if the debtor has no assets registered in their name?
The debtor's income, bank accounts, movable property, real estate, and rights and receivables from third parties can be investigated through legal means. Collection may not occur immediately as a result of the enforcement proceeding; if assets are acquired later, transactions can continue according to the conditions of the proceeding. A separate lawsuit may be filed if the conditions are met for transactions the debtor made to hide assets.
How is interest calculated in enforcement proceedings?
Interest calculation depends on the legal nature of the receivable, the contract, the date of default, the type of interest to be applied, and the rates in force. Different provisions may apply in commercial transactions, consumer transactions, and other debt relationships. The interest commencement date and which items payments are to be offset against are also important.
Is it possible for the family home to be sold due to debt?
The fact that it is a family home does not mean that the real estate is absolutely protected against all kinds of enforcement proceedings. Who owns the real estate, the nature of the debt, whether there is a mortgage or other real right, and exemption provisions are evaluated. The protection conditions in Article 82 of the Enforcement and Bankruptcy Law regarding the debtor's home suitable for their standard of living may be relevant.
Criminal Law and Digital Rights10 questions
I was defrauded online. What should I do to get my money back?
You should immediately contact your bank or payment institution to ask about options for a freeze, recall, or dispute depending on the nature of the transaction. By preserving messages, receipts, account information, and correspondence, you can apply to law enforcement units or the Office of the Public Prosecutor. Getting the money back is not guaranteed; legal and criminal processes can be evaluated together.
Will I be guilty if I let someone else use my bank account?
Allowing someone else to use an account does not in every case result in the same criminal liability. The purpose for which the account was used, the person's knowledge and intent, money movements, and the circumstances of the specific case are important. Investigations into crimes such as fraud or laundering of assets derived from crime may arise. Account information should not be given to others.
What should I do if people posing as police or prosecutors ask for money?
A person calling by phone and asking for money or gold while claiming to be a police officer, prosecutor, or other public official is a serious warning of fraud. You should not send money, nor share personal information or verification codes. End the call, verify by contacting official institutions through their confirmed communication channels, and report the suspicious situation to law enforcement.
How does the complaint process work if I am insulted on social media?
Screenshots, links, dates, and account information of the post considered to contain insults should be preserved as much as possible. Depending on the concrete situation, an application can be made to the Office of the Public Prosecutor; procedural rules such as the complaint period and reconciliation may be significant in insult crimes. Not every rude or critical expression is legally considered an insult; it is evaluated in its content context.
Is it a crime to open a fake social media account?
Opening a fake account in someone else's name does not by itself constitute the same crime in every situation. If acts such as the use of personal data, fraud, threats, insults, or violation of privacy are carried out through the account, additional legal and criminal liability may arise. It is possible to notify the platform, preserve evidence, and apply to judicial authorities depending on the circumstances.
Is the unauthorized sharing of my private messages unlawful?
Sharing private correspondence may be unlawful depending on its content, the purpose of the sharing, the method of acquisition, and the rights of the individuals. Provisions regarding the privacy of private life, protection of personal data, and confidentiality of communications may be relevant. Not every share automatically constitutes a crime; the specifics of the concrete case must be examined.
Can a secretly recorded voice recording be used as evidence in court?
It cannot be said that secretly obtained voice recordings are lawful evidence in every case. The conditions under which the recording was made, whether it was planned in advance, the possibility of obtaining evidence by other means, and the rules in the relevant judicial branch are important. The use of unlawful evidence may be restricted, and taking the recording may additionally result in criminal liability.
What legal remedies can be sought for threats made over the internet?
Messages containing threats, account information, links, and date information should be preserved. Depending on the nature of the situation, you can apply to law enforcement or the Office of the Public Prosecutor. If there is an urgent and imminent danger, assistance should be sought immediately from security units. The content of the threat and the nature of the crime determine the legal process to be applied.
What should I do if a fake signature is forged in my name?
The original document or a reliable copy should be preserved; it should be determined where and in which transaction the document was used. Depending on the nature of the event, an application can be made to the Office of the Public Prosecutor, and an examination of the document can be requested. If the document has been the subject of an enforcement proceeding or a court file, it must also be challenged separately and within the time limit according to the relevant procedural rules.
What rights do I have if someone else conducts a transaction using my identity information?
First, an application should be made to the relevant bank, company, or institution to request transaction records and to take necessary security measures. Unlawful use of identity information may have consequences within the scope of personal data and criminal law depending on the concrete situation. If necessary, you may apply to the prosecutor's office and evaluate methods for the protection of relevant personal data.
Consumer Law and Daily Life5 questions
Within how many days can a product purchased online be returned?
In distance contracts, the consumer generally has the right to withdraw from the contract within 14 days from the date of delivery of the goods without providing a justification and without paying any penalty. In service contracts, the period generally begins on the date the contract is concluded. Different rules may apply to customized products, perishable goods, and other exceptions specified in legislation.
Can a person who buys a defective vehicle get their money back?
In a consumer transaction involving a defective vehicle, the consumer may exercise one of the rights to withdraw from the contract, claim a price reduction, request free repair, or, if possible, request a non-defective replacement, in accordance with legal conditions. Whether the vehicle is new or used, the nature of the seller, the type of defect, and the conditions of the contract are important. The legal regime applicable to purchases made for commercial purposes may differ.
Can a refund or replacement be requested for a defective product?
Under the Law on the Protection of Consumers No. 6502, if the conditions are met, the consumer may exercise one of the rights to withdraw from the contract, claim a price reduction, request free repair, or request a non-defective replacement. The liability of the seller and manufacturer may vary depending on the nature of the product and the chosen request. Documents regarding the defect and the application date should be preserved.
What should I do if money is withdrawn from my bank account without my knowledge?
You should immediately notify the bank to file a transaction dispute and secure your card or digital banking access if necessary. Transaction records and notification numbers should be saved; depending on the nature of the incident, law enforcement or the prosecutor's office should be contacted. The bank's liability is evaluated based on how the transaction occurred, the security measures in place, and the conduct of the parties.
How is vehicle diminished value claimed after a traffic accident?
Vehicle diminished value refers to the decrease in the market value of a vehicle repaired after an accident. Factors such as fault status, the nature of the damage, the vehicle's history, and current mandatory traffic insurance regulations are taken into account. If the conditions are met, an application can be made to the responsible party's insurer; arbitration or legal remedies can be considered in case of a dispute. It cannot be said that the same amount of depreciation will be paid for every damaged vehicle.
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