"Turkish Lawyer in Mannheim and Karlsruhe: Official Legal Advice, registered with the Ankara and Karlsruhe Bar Associations"

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Article 1: Divorce Law

Title: I got divorced in Germany, am I still married in Turkey? Critical details in the recognition and enforcement process

Introduction: A divorce decree issued in Germany is not automatically entered into the Turkish civil registry. Many of our fellow citizens discover, years after their divorce, that they are still considered "married" in Turkey when they wish to remarry or claim an inheritance there. This article examines the legal aspects of the recognition and enforcement process.

Subtitle and Content:
* What are recognition and enforcement?
* This refers to the process of recognizing a German court decision in Turkey through a “certificate of finality” and an “apostille”.
* Why is this necessary?
* This is necessary to protect inheritance rights and to correct the civil status register.
* What happens if no lawsuit is filed?
* If one of the spouses dies, the other divorced spouse (since he is officially considered married) receives a share of the inheritance.
* Do you have to travel to Turkey for that?
* No. As a lawyer admitted to the Ankara Bar Association and the Karlsruhe Bar Association, I will handle the process with a power of attorney, without you having to travel to Turkey.

Article 2: Inheritance Law (Red Alert)

Title: When the inheritance is linked to debts: The procedure for disclaiming an inheritance in Turkey from Germany and the 3-month deadline

Introduction:An inheritance doesn't always bring wealth; sometimes heirs are left with substantial debts of the deceased. The Turkish Civil Code stipulates a deadline for heirs to disclaim an inheritance. Their residence in Germany does not extend or interrupt this deadline.

 

Subtitles and content:
* 3-month limitation period:
* The application must be filed with the local court within 3 months of the date of death or the date on which you learned of your status as an heir.
* Silence is considered "acceptance":
* If you do not reject the inheritance within this period, the debts are considered unconditionally accepted. You can be held liable for these debts with your personal assets (including your savings in Germany).
* How is the procedure carried out from Germany?
* The lawsuit is filed in Turkey with a power of attorney issued by the consulate or a German notary.

Article 3: Real Estate and Division

Headline: Problems with co-ownership shares and their solution: “İzale-i Şüyu” (dissolution of co-ownership) in disputes between siblings

Introduction: When multiple heirs have shares in a house, field, or plot of land inherited from the family, disputes can arise regarding its sale or use. One person may want to sell, while another may not. In our legal system, no one can be forced into a partnership. Here is the solution: Izale-i Şüyu.

Subtitles and Content:
* How does the court proceed?
* The court first examines whether the property can be divided "without alteration." If this is not possible, the co-ownership is dissolved through a sale.
* Public Auction and Sale:
* The property is auctioned by the court, and the proceeds are distributed proportionally to the heirs (can be transferred to bank accounts in Germany).
* What is the right of first refusal (Şufa)?
* The right of co-owners to prevent the sale of the property to third parties, and the details thereof.

Article 4: Inheritance rights (compulsory portion)

Headline: Being excluded from inheritance by will: The right to a "compulsory share" and the reduction action

Introduction: Can a testator (father/mother) bequeath their entire estate to a single child or a third party during their lifetime or by will? Under Turkish law, the testator's wishes are not unlimited. The rules regarding the "compulsory share" protect the rights of descendants (children).

Subtitles and Content:
* Compulsory Shares:
* Half of the legal share of the inheritance for the descendants is the compulsory share. This portion cannot be touched by the testator.
* Action for Restitution:
* An heir whose compulsory share has been violated can file an action for restitution to remedy this violation and regain their right.
* Statute of Limitations:
* From the date the estate is opened and the violation is discovered, a statute of limitations of one year applies, but in any case, it is ten years. Prompt action is necessary.

Article 5: Financial and cross-border transactions

Headline: Bringing an inheritance from Turkey to Germany: “Proof of origin of funds” and legal certainty

Introduction: Transferring inheritance money from a property sold in Turkey or from a bank account to Germany has become more difficult in recent years due to money laundering laws. German banks and tax authorities can freeze accounts in cases of large deposits of unknown origin.

Subtitles and Content:
* Where does the problem begin?
* Cash delivered in person or transfers without explanation raise suspicion.
* Legal solution and documentation:
* Court orders (certificates of inheritance), purchase agreements, and probate documents proving that the money originates from an inheritance must be submitted to the bank with certified translations.
* The role of the lawyer:
* From the beginning of the process, a file must be compiled and submitted to the German authorities proving the legality of the money.

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"This article is for informational purposes only. To ensure you do not lose any rights in your specific case, you can contact me, a lawyer admitted to the Ankara and Karlsruhe Bar Associations."

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