Bolu Family Court decided to divorce a couple who wanted to end their marriage. However, the 2nd Civil Chamber of the Supreme Court reversed the decision as the couple continued to live in the same house during the divorce process. The 2nd Civil Chamber noted that the fact that the parties lived in the same house was proof that the foundation of the marriage union was not shaken. On the other hand, the General Assembly of the Supreme Court of Appeals decided that the fact that the parties lived in the same house could not be accepted as evidence showing that the marriage was still withdrawable. Then, we asked the experts whether there is a legal arrangement for couples who are in the process of divorce or divorced to live in the same house.
Lawyer Ceren Kalay said that there are no sanctions for this situation. “The privacy and protection of the private life of individuals is essential,” said Kalay. Attorney Merve Uçanok, on the other hand, stated that consensual divorces are common for the purpose of “smuggling property” and said, “Spouses officially divorce with the motive of one of the spouses to harm the creditors, but they continue to be together.”
‘Credit can sue’
Lawyer Ceren Kalay: There is no sanction or regulation for unmarried couples to live in the same house. The privacy of private life is protected by laws, especially by the Constitution. It is a common situation for one of the spouses to get divorced in the sense of evading their property from debt. In this case, it is possible for the creditor to file an action for the annulment of the disposition with the burden of proof that the sale was made for the purpose of smuggling. Apart from this, the spouses may be divorced but living together in order to avoid the debt of their household goods. If the other spouse has belongings in the house, the goods can be seized, subject to trial.
‘The one who takes over the goods is responsible for the debt’
Lawyer Merve Uçanok: Spouses get divorced with the intention of causing damage to the creditors, but they continue to be together. The Turkish Civil Code has protected the creditors in terms of changing the property regime in a way that will harm the creditors and stated that the spouse who has passed the goods to him will be responsible for the debts. Since there is no deterrent sanction in this regard, divorces on paper are on the agenda. There should be a deterrent sanction to prevent these illegal transactions.”