Taking Measures for the Assets of the Other Spouse Before the Divorce Takes Place

Measures That a Judge Can Take in Accordance with the Law on the Protection of the Family

According to the provisions of the Law on the Protection of the Family, you can ask the judge of the family court to take the measures listed in this law. These measures are as follows:

The defective spouse or other family member;

a) Not to engage in words and behaviors aimed at violence or fear against family members,
b) Removal from the joint house and allocation of this house to other family members, as well as these individuals
he should not approach the house or workplaces where he lives together or separately,
c) Not to damage the belongings of family members,
ç) Not to disturb family members with communication tools,
d) Delivery of weapons or similar vehicles to general law enforcement agencies, if any,
e) The victim of violence, having used any alcoholic or narcotic substance, does not come to the residence or workplace where he lives or does not use these substances in these places,
f) Applying to a medical institution for examination or treatment.

The period of application of these measures does not exceed 6 months, and if the spouse does not comply with the measures, he is punished with imprisonment.

You can file a lawsuit for paying alimony contributions for yourself and your children while living together according to the Turkish Civil Code. If you are living separately, you may want to determine the monetary contribution that you will make even if you do not file for divorce. In addition, according to the law, you have the right to live separately because your personality and family peace are at stake due to joint living. Since you have the right to live separately, you can ask for a monetary contribution, as well as for a common housing to be specific for housing you and your children, so that you can take your spouse away from home.

If the common dwelling is registered in the name of your spouse in the land registry, you can apply to the family court judge again to prevent the transfer of your common dwelling to someone else and ask him to make a decision on its identification as a family dwelling. If you want the decision to be recorded in the register from the land registry office, your spouse cannot transfer it to someone else without your consent.

According to the provisions of the Law on the Protection of the Family, the application and the implementation of the decisions made are not subject to expenses, that is, you can request the implementation of the decisions for free.

You can read our articles and petition examples by clicking here.