HOW CAN I GET BACK THE MONEY I GIVEN TO MY TURKISH HUSBAND/WIFE?

If you gave money to your Turkish husband and want to recover it, Turkish law offers several ways to pursue reimbursement, depending on the circumstances of the payments and whether they were loans, investments, or contributions to household expenses. Here are some possible avenues to explore:

1. Documented Loan Claim

• If the money you gave to your husband was intended as a loan and you have proof (such as a signed agreement, bank transfers, or messages indicating repayment terms), you can file a claim for repayment. This claim would be filed in a civil court of law in Turkey, where you would need to demonstrate that the money was a loan and not a gift or shared marital expense.

• If there is no written agreement, other forms of evidence (e.g., messages, emails, witnesses) may still support your case, but it could be more challenging.

2. Unjust Enrichment (Sebepsiz Zenginleşme)

• If you gave substantial financial support without an expectation of repayment, you may still have grounds to claim under the principle of unjust enrichment (sebepsiz zenginleşme). Turkish law allows individuals to seek reimbursement if one party has been unjustly enriched at another’s expense without a valid legal reason.

• This approach requires you to show that the funds you provided led to an increase in your husband’s wealth without a justified reason and that it would be unfair for him to keep the money.

3. Division of Marital Assets

• If you gave money to your husband during the marriage to cover household expenses or other shared obligations, this may be taken into account in the division of marital assets upon divorce. Turkish law generally considers all assets acquired during the marriage as shared property unless there is a prenuptial or marital property agreement stating otherwise.

• In this case, funds contributed by either spouse may be factored into the division, potentially allowing you to recover your contributions as part of the marital property settlement.

4. Filing a Claim in Divorce Proceedings

• If you are in the process of divorcing, you can request that the court considers the funds you provided to your husband as part of the divorce settlement. This may include submitting a claim for material compensation if the funds contributed significantly to his personal or business expenses.

• Be sure to provide documentation of all payments to support your claim.

5. Consulting a Lawyer for Legal Action

• Engaging a Turkish lawyer is highly advisable in this situation, as they can evaluate your evidence and guide you on the best legal approach. A lawyer can also help collect additional evidence and represent you in court if needed.

Important Considerations

• Documentation: Having bank statements, messages, receipts, or witnesses can significantly strengthen your claim.

• Intent of the Payment: If the payments were seen as contributions to shared marital expenses, it may be more challenging to reclaim them unless they were extraordinary amounts or explicitly considered loans.

A lawyer can help determine the best legal grounds for your specific case, ensuring that your claim is based on the right legal principles to maximize your chances of recovery.