Although the endless queues of jewelry are tiring for married couples, the first thing that comes to mind when the queue is over is how the wedding jewelry will be evaluated and which side it will belong to. In our case, Av. We asked Ezgi Esnik Günay. After examining the legal dimension of the issue, we asked Necmettin Nursaçan about its religious suitability.
The jewelry worn by the woman during marriage is considered as the donation made to the woman , regardless of who wears it. For this reason, all jewelry worn by the woman during marriage is the personal property of the woman and in case of divorce , the woman is not under the obligation to return the jewelry worn by her husband or family . Jewelry given to the woman by her husband in the union of marriage is also her personal property and does not need to be returned during divorce. If there are jewelry that the spouses have acquired as an investment in the marriage union, they should be accepted as the common property of the spouses and in case of divorce, they should be shared in accordance with the legal property regime.
If the parties separate for the purpose of divorce, in the case of the claim that the women’s jewelery remains with the husband, in the case of divorce or the liquidation of the legal property regime, or by filing a separate lawsuit, if it is not possible to request the refund of the price of the jewelery and gold. will be found. The spouse who requests the return of the ornaments or, if it is not possible, the return of the price, must first prove the existence of the ornaments and that they are not in the case . It should also be noted that, without filing a divorce case, the woman has the right to file a lawsuit against her husband, who has always taken her ornaments while the marriage continues, with a request for the return of the ornaments or, if it is not possible, the return of the price.
The jewelery worn by the woman during the wedding may have been bought by the husband later in the marriage union and may have been used for various reasons. For example, jewelry may be spent by cashing it for reasons such as loan payments, various household expenses, vacation expenses or school expenses of children. A woman who exchanges and spends jewelry will, of course, not be able to make any demands from her husband during the divorce. However, if it is the husband who has done this cashing and spending process, in this case, the woman must have given her jewelry without the will to donate it so that she can request the return of her jewelry during the divorce.
In other words, in a divorce case, if the woman requested the return of her jewelry, and the husband claimed that the jewelry was exchanged for family needs within the marriage union, here the husband’s jewelry was approved and requested by his wife. will have to prove that it was spent for family unity needs . Although there is no statute of limitations for the request for the return of the jewelery in its original form, if the request for the return of the jewelery items is not possible and the refund of the price is requested, there will be a ten-year statute of limitations.
EXPLANATION FROM NECMETTIN NURSAÇAN HOCA ‘ WEDDING JEWELRY’ ACCORDING TO RELIGION: