One of the most frequently raised disputes during the divorce process is the issue of to whom the items of jewellery and gold presented at the wedding and throughout the marriage belong. When the provisions of the Turkish Civil Code, Court of Cassation decisions and established practice are evaluated together, the woman's right to jewellery and gold is clearly protected. In this article, we will examine in detail the legal nature of jewellery, the woman's rights after divorce, the current decisions of the Court of Cassation, and the points to be considered during the lawsuit process.
The Legal Nature of Jewellery
Turkish Civil Code’Article 220 of the regulates the personal property of spouses. In this context, jewellery specific to the woman is accepted as the woman's personal property. That is to say, regardless of who presents them at the wedding, gold items, bracelets, earrings, necklaces and similar items presented to the woman belong directly to her.
The Court of Cassation has also long and consistently maintained that, as a rule, jewellery presented at a wedding belongs to the wife, and the opposite of this presumption can only be proven by the husband's clear and strong evidence. Therefore, in the event of a divorce, the wife's claim for wedding jewellery finds direct support from both the law and jurisprudence.
Rights in the Event of the Wedding Jewellery Being Spent
It is a common situation for jewellery to be sold or cashed in during marriage. Often, adornments can be spent in order to buy a house, furniture, or to pay off debts. However, this situation does not eliminate the woman's right of ownership.
According to the established jurisprudence of the Court of Cassation, even if wedding jewellery has been exchanged for cash to meet household needs or to pay off the husband's debts, the wife may claim the return in kind or the value of this jewellery from her husband following a divorce. The important point here is whether the wife has “definitely gifted” these items of jewellery. If the wife gave the jewellery to the husband of her own free will, never to be asked back, then a claim for the jewellery cannot be brought. However, the burden of proof regarding this matter rests with the husband.
Up-to-date Decisions of the Court of Cassation
The Court of Cassation has delivered many landmark rulings regarding jewellery claims. Some of these are:
- Court of Cassation 3rd Civil Chamber, 2021/6091 E., 2021/2007 K. (decision dated 10.02.2021): The judgement emphasised that, as a rule, wedding jewellery belongs to the woman, and that the man must prove that he returned them to the woman or that they were cashed in with her consent.
- Court of Cassation 2nd Civil Chamber, 2017/1730 E., 2019/4941 K.: It has been stated that the jewellery placed on the woman by the man's family during the wedding is also the woman's personal property and its return may be requested.
- Court of Cassation General Assembly of Law, E. 2015/7-1828, K. 2018/1093: The Court of Cassation has clearly established that jewellery is personal property unique to the woman, and that she may reclaim these items at any time.
These decisions reinforce the woman's right to her jewellery claim and provide guidance to the lower courts.
Examples Encountered in Practice
- Buying a house with wedding jewellery: If the woman's wedding jewellery has been sold for the down payment of a house, the woman can claim this amount from the man in the event of a divorce. Because the spending of jewellery does not terminate the right of ownership.
- Jewellery left with the mother-in-law: If the wedding jewellery is handed over to the mother-in-law or another family member after the wedding for security reasons, the woman may also reclaim this jewellery. Here, the handover is accepted as being in the nature of a bailment.
- Voluntary donation: If the woman has clearly expressed her intention by stating, “I am giving these bracelets to you; I will not ask for them back”, she can no longer claim the jewellery. However, it is the man who must prove this intention to give.
Proof and Evidence
The burden of proof is of great importance in cases concerning claims for jewellery. A woman may prove that the jewellery was given to her in the following ways:
- Wedding video recordings and photographs,
- Statements from the witnesses who attended the wedding,
- Wedding invitations, guest lists and similar documents.
The Court of Cassation recognises that wedding records and witness statements, in particular, constitute strong evidence. The man, however, is obliged to prove that the jewellery was returned to the woman or that it was a definitive gift from her.
Jurisdiction and Competent Court
The court with jurisdiction in cases concerning claims for jewellery Family Court’In places where there is no Family Court, the Court of First Instance hears this case in the capacity of a family court.
As regards jurisdiction, proceedings may be brought before the court in the defendant spouse’s place of residence or before the court in the wife’s place of residence. This provision is important in enabling the wife to exercise her rights more easily.
Limitation period
Where it is not possible to return jewellery in its original condition, a ruling is made based on its value. In such claims for payment, 10-year limitation period It applies. The limitation period begins to run from the date on which the divorce decree becomes final.
Legal Assessment
Claims for jewellery and valuables are one of the types of lawsuits most frequently filed by women following a divorce. Both the Turkish Civil Code and Court of Cassation rulings contain protective provisions in favour of women. In particular, the Court of Cassation's presumption that “jewellery and valuables placed on a woman belong to her” makes it easier for women to seek their rights.
Conversely, if the intent to make a “donation” is clearly established to prevent abuse, the woman's claim may be dismissed. This serves as a balancing factor in practice.
Frequently Asked Questions
Whose are the gold pieces given as wedding gifts?
As a general rule, jewellery given to a woman is her personal property, regardless of who gave it to her.
Can jewellery sold during the marriage be reclaimed?
Yes. Even if the wedding jewellery is used to cover the costs of the wedding or to pay off debts, the woman may, following a divorce, demand the return of the jewellery in its original condition or its value.
What happens if a woman says that she has “gifted” her jewellery to the man?
If a woman has freely gifted her jewellery to a man with no intention of asking for it back, she can no longer claim it. However, this situation The burden of proof lies with the male.
Which court has jurisdiction in a lawsuit for the recovery of bridal jewellery?
The court having jurisdiction is the Family Court. In places where there is no Family Court, the Court of First Instance hears the case in the capacity of a Family Court.
Where is a claim for wedding jewellery filed?
The wife may file a lawsuit in her own place of residence or in the place of residence of the defendant spouse.
What evidence can be used in a lawsuit for the recovery of bridal jewellery?
Wedding photographs, video recordings, witness statements, wedding invitations and lists of gifts are the most important evidence.
Can gold jewellery kept by a mother-in-law or another family member also be claimed?
Yes. The woman may also request the return of jewellery handed over to family members for safekeeping purposes. The courts consider this as a “bailment”.
What is the limitation period for a claim of wedding jewellery?
For 10 years. The limitation period begins to run from the date the divorce decree becomes final.
Can the claim for jewellery be filed together with the divorce case?
Yes. The wife can request the return of wedding jewellery during the divorce proceedings, or she can also file a separate lawsuit after the divorce becomes final.
Can the wife's claim in a lawsuit for the recovery of jewellery be dismissed?
If the woman has definitively gifted the jewellery to the man or it is proven that the pieces were never worn, the lawsuit may be dismissed. However, this situation is an exception; the general rule is that the jewellery belongs to the woman.
Result
Post-divorce claims for jewellery play a critical role in protecting women's economic rights. Disputes over who owns the gold presented at the wedding have largely been brought to an end by the consistent rulings of the Court of Cassation, establishing with certainty that jewellery constitutes the personal property of the woman.
The woman, divorce condition, may demand the return of these items in their exact state or their monetary value. The fact that the burden of proof frequently lies with the husband also makes the wife's rights stronger.
