Return of Jewellery and Jewellery Receivables in Divorce - Ümraniye Divorce Lawyer
One of the issues that may cause disputes between spouses during divorce proceedings concerns who is entitled to gold, bracelets, necklaces, earrings, rings, watches and similar jewellery given at the wedding and whether those items can be reclaimed. Claims concerning jewellery may require a legal assessment different from the financial consequences of divorce, and it is important to determine to whom the jewellery was given, who retained possession of it, whether it was sold and whether it was delivered on the condition that it would later be returned.
The provisions of the Turkish Civil Code concerning matrimonial property distinguish between acquired property and personal property. Article 218 provides that the regime of participation in acquired property includes both acquired property and the personal property of each spouse, while Article 220 classifies property intended solely for the personal use of one spouse and assets obtained without consideration as personal property.
Article 226 of the Turkish Civil Code also provides that each spouse takes back their property that is in the possession of the other spouse. In the Court of Cassation's 2025 decision concerning the division of work between its chambers, disputes concerning goods and receivables between spouses arising under the Turkish Code of Obligations and disputes arising from matrimonial property regimes are also identified within the family-law field of expertise of the 2nd Civil Chamber of the Court of Cassation.
Therefore, when a jewellery dispute is assessed within the scope of an Ümraniye divorce lawyer, Istanbul divorce lawyer, Ataşehir divorce lawyer, Çekmeköy divorce lawyer or family law lawyer, the analysis should not be limited to whether the parties are divorcing; the nature of the jewellery, the person to whom it was given and the available evidence must also be considered.
What Is Jewellery?
Jewellery generally refers to objects made of gold, silver and similar valuable materials and used for ornamentation or as accessories.
In a 2026 decision of the 2nd Civil Chamber of the Court of Cassation, jewellery was considered within the scope of gifts given to the bride and groom because of marriage, and items such as bracelets, gold bangles, necklaces, necklaces sets, jewellery sets, wristbands, watches, earrings and rings were stated to be capable of being considered jewellery.
However, the fact that an object qualifies as jewellery does not automatically mean that it belongs to a particular spouse in every case. The person to whom the item was given, its nature, the parties' claims and defences and the evidence must be assessed together.
What Is a Jewellery Receivable Action?
A jewellery receivable action is a lawsuit brought by a spouse who claims that jewellery belonging to them remained with the other spouse, was taken from them, was sold or was not returned and who therefore seeks the return of the jewellery in kind or, where the conditions are met, payment of its value.
A jewellery dispute is not limited to the question of “how much gold was given at the wedding?”
In particular, the court may need to determine which jewellery items existed, to whom they were given or attached, who subsequently retained possession, whether they were used for common family needs and whether an obligation to return them arose.
Can a Jewellery Receivable Action Be Filed Together with a Divorce Action?
Yes.
In practice, jewellery claims are frequently asserted together with divorce claims. Indeed, various decisions of the 2nd Civil Chamber of the Court of Cassation from 2024 and 2025 describe the type of action as “divorce - jewellery receivable.”
However, because a jewellery receivable constitutes a legally separate claim from the divorce itself, matters such as the value of the claim, court fees, proof and whether the judgment is subject to appellate review must be assessed separately.
Can a Jewellery Receivable Action Be Filed Separately from Divorce?
Yes.
A jewellery claim may also be brought independently from a divorce action.
Among the 2024 decisions of the 2nd Civil Chamber of the Court of Cassation are disputes in which the type of case is directly described as a “jewellery receivable” action.
Accordingly, it is not necessary in every case to file for divorce at the same time in order to assert a claim concerning jewellery.
Does All Jewellery Given at the Wedding Automatically Belong to the Woman?
No automatic and unchanging conclusion should be adopted for every case.
In Court of Cassation practice concerning jewellery, the nature of the item, the person to whom it was given or attached and the specific circumstances of the case are particularly important. A 2026 decision of the 2nd Civil Chamber of the Court of Cassation demonstrates that disputes may also concern jewellery that is not specifically intended for women and that was attached to the man.
Therefore, instead of generalising that “all jewellery at the wedding always belongs to one spouse,” the nature and intended recipient of each jewellery item should be assessed separately.
How Is Jewellery Given to the Woman Assessed?
For jewellery directly given or attached to the woman, the nature of the item and the intention behind the gift should first be considered.
Article 220 of the Turkish Civil Code classifies assets acquired without consideration as personal property.
However, ownership and return in a jewellery case are not determined solely through matrimonial property provisions. The person to whom the jewellery was given and what happened between the spouses afterwards are also important.
How Is Jewellery Given to the Man Assessed?
An automatic conclusion should not be drawn regarding jewellery attached or given to the man either.
Whether the jewellery is specifically intended for male or female use, to whom it was given as a gift and how the parties' local or specific wedding practice operated may be relevant.
Recent Court of Cassation decisions show that jewellery attached to the man and not specifically intended for women may require a separate ownership assessment.
Is Jewellery Considered Personal Property?
Under Article 220 of the Turkish Civil Code, property intended solely for the personal use of one spouse and assets obtained without consideration are personal property.
This provision may be important when jewellery is assessed within the matrimonial property regime.
However, it should not automatically be concluded that every jewellery item is the personal property of a particular spouse merely because it is jewellery. The person to whom it was given and the nature of the item must be examined.
Does Jewellery Fall Within the Regime of Participation in Acquired Property?
The regime of participation in acquired property is a system covering both acquired property and the spouses' personal property. Article 218 of the Turkish Civil Code expressly provides this.
Where a jewellery item is determined to constitute personal property, it is not divided equally as acquired property during liquidation of the matrimonial property regime.
However, a jewellery receivable action and an action for liquidation of the matrimonial property regime are not the same legal institution.
Are a Jewellery Receivable Action and a Matrimonial Property Action the Same Thing?
No.
A matrimonial property action concerns liquidation of the property regime applicable during marriage and rights such as a spouse's participation claim in acquired property.
A jewellery receivable action concerns who owns particular jewellery items, who possesses them and whether they must be returned.
The Court of Cassation's 2025 division-of-work decision also demonstrates this legal distinction by separately identifying disputes concerning goods and receivables between spouses and disputes concerning matrimonial property regimes within the jurisdiction of the 2nd Civil Chamber.
Can a Spouse Reclaim Their Jewellery from the Other Spouse?
Article 226 of the Turkish Civil Code provides that each spouse takes back their property held by the other spouse.
Accordingly, where it is established that the jewellery belongs to one spouse and remains in the possession of the other spouse, a claim for return may arise.
However, whether the jewellery actually remained with the other spouse and the purpose for which it may previously have been delivered are also relevant to the outcome.
Can Return of the Jewellery in Kind Be Requested?
Yes.
Where the jewellery still exists, the claimant may seek its return in kind.
In practice, statements of claim may request primarily the return of the jewellery itself and, if return in kind is impossible, payment of its value. In a 2024 decision of the 2nd Civil Chamber of the Court of Cassation, the claimant likewise requested return of the jewellery in kind or, if that was impossible, payment of its value.
Can the Value of Jewellery Be Claimed If It Has Been Sold?
Where jewellery no longer exists in kind, a claim for its monetary value may arise depending on the circumstances.
At that stage, the quantity, type, fineness and weight of the jewellery and the legally relevant valuation date become important.
Indeed, Court of Cassation decisions concerning jewellery demonstrate that the date and basis on which the value should be calculated may itself become a subject of appeal.
Does Selling Jewellery During the Marriage Eliminate the Right to Claim It?
No. The mere fact that jewellery was sold does not automatically terminate the right to claim in every case.
It is important to determine with whose consent the jewellery was sold, for what purpose and under what legal arrangement.
For example, one spouse may claim that the jewellery was delivered to the other spouse for temporary use for family needs on the condition that it would be returned, while the other spouse may argue that it was given without any obligation of repayment.
Accordingly, even where the jewellery was sold, the existence of an obligation to return or reimburse it must be assessed separately.
Can Jewellery Sold to Purchase a House or Car Be Reclaimed?
The particular circumstances are decisive in such a case.
The fact that jewellery was used to purchase a house or vehicle does not by itself necessarily mean that the jewellery was donated to the other spouse or can never be reclaimed.
The intention with which the owner of the jewellery provided it, whether there was an agreement concerning repayment or return and the ownership structure of the purchased asset may all be relevant.
Can Jewellery Sold to Pay Wedding Debts Be Reclaimed?
Where jewellery is used to pay wedding expenses or family debts, consent and the intention concerning repayment are again important.
Proof that the owner temporarily provided the jewellery for a family need on the understanding that it would be returned may produce different legal consequences from a finding that the jewellery was transferred permanently and without consideration.
It is therefore not correct to adopt an absolute rule that jewellery “cannot be reclaimed if it was used for the family.”
Who Bears the Burden of Proof in a Jewellery Receivable Action?
Proof is one of the central issues in jewellery receivable cases.
The claimant must establish the existence, nature and quantity of the jewellery claimed. Depending on the particular dispute, it may also be necessary to prove that the jewellery remained with or was taken by the other spouse.
In a 2024 decision of the 2nd Civil Chamber of the Court of Cassation, an award was made in relation to jewellery whose existence had been proven through witness evidence, while the rejection of claims relating to jewellery whose existence had not been proven was found lawful.
How Can the Existence of Jewellery Be Proven?
Different forms of evidence may be used depending on the circumstances of the case.
These may include wedding photographs and videos, witness statements, jeweller's records, jewellery lists, correspondence between the parties, bank or payment records and other lawfully obtained documents.
A 2024 Court of Cassation decision demonstrates that witness evidence may be considered in determining the existence of jewellery.
Can a Wedding Video Be Evidence in a Jewellery Case?
Yes.
A wedding video may help determine which jewellery was attached to whom, its approximate quantity and, in some cases, its nature.
However, the footage does not necessarily resolve the entire dispute on its own. It may be assessed together with witness statements and other documents.
Can Witness Statements Be Used in a Jewellery Case?
Yes.
Witness statements may be important in relation to the existence of jewellery, the person to whom it was given, who later took it and the purpose for which it may have been sold.
In a 2024 decision, the 2nd Civil Chamber of the Court of Cassation considered a judgment concerning jewellery whose existence was established by witness evidence to be lawful.
The evidential value of witness testimony depends on the source of the witness's knowledge and its consistency with the other evidence.
How Is an Allegation That Jewellery Was Left in the Matrimonial Home Assessed?
One spouse may claim that they were unable to take their jewellery when leaving the home, while the other may argue that the claimant took the jewellery with them.
In that situation, the parties' statements are not assessed in isolation but together with all the evidence in the file.
The manner in which the spouse left the home, the process of collecting personal belongings, witnesses, messages and other evidence may become important.
Can the Defendant Argue That the Claimant Took the Jewellery with Them?
Yes.
In a jewellery receivable action, the defendant may argue that the jewellery claimed is not in their possession and that the claimant took it when leaving.
That defence must be assessed against the evidence in the particular case.
Court of Cassation decisions rejecting jewellery claims also demonstrate the importance of proof in such disputes.
Is Expert Examination Used in a Jewellery Case?
Where the amount and characteristics of the jewellery have been determined and its monetary value must be calculated, expert examination may become relevant.
The fineness, weight, type and valuation date of gold may all affect the calculation.
It is therefore important to describe the jewellery claimed as clearly as possible in terms of type, number, weight and fineness.
According to Which Date Is the Value of Jewellery Calculated?
This is assessed according to the form of the claim, whether return in kind is possible and the legal nature of the monetary award.
Court of Cassation decisions demonstrate that the question of which date should be used in valuing jewellery may itself be challenged on appeal.
The wording of the claim and the valuation method are therefore important when calculating the amount.
Can Interest Be Claimed in a Jewellery Receivable Action?
Where the value of jewellery is claimed as a monetary receivable, interest may also become relevant.
However, the date from which interest begins, the manner in which the claim is formulated and procedural steps in the proceedings must be separately assessed.
In a 2025 Court of Cassation decision, the starting date for interest on a jewellery receivable was also raised as an issue on appeal.
Which Court Has Subject-Matter Jurisdiction over a Jewellery Receivable Action?
Jewellery disputes between spouses are assessed within the jurisdiction of family courts as disputes concerning property and receivables arising from family law relationships.
Law No. 4787 provides that cases and matters arising under the relevant family-law provisions of the Turkish Civil Code fall within the jurisdiction of family courts.
The Court of Cassation's 2025 division-of-work decision also states that actions concerning goods and receivables between spouses arising under the Turkish Code of Obligations fall within the family-law expertise of the 2nd Civil Chamber of the Court of Cassation.
Which Court Hears a Jewellery Case Where There Is No Family Court?
Under Law No. 4787, where a family court has not been established, matters falling within the jurisdiction of the family court may be heard by the designated Civil Court of First Instance.
Accordingly, whether a family court exists at the place where the action will be filed is also relevant when determining the competent court.
Is a Jewellery Claim Dependent on Fault in the Divorce?
Ownership of jewellery and a claim for its return are not the same legal issue as the assessment of fault in divorce.
A spouse being found more at fault in the divorce does not by itself eliminate their ownership rights over jewellery belonging to them.
Likewise, being without fault in the divorce does not automatically create rights over jewellery determined to belong to the other spouse.
Fault in divorce and jewellery claims must therefore be assessed separately.
Is a Jewellery Receivable Different from Maintenance and Compensation?
Yes.
Maintenance and pecuniary or non-pecuniary compensation connected with divorce depend on specific statutory conditions governing the consequences of divorce.
A jewellery receivable is a separate property claim concerning ownership and return of particular items.
Accordingly, acceptance or rejection of a maintenance or compensation claim does not mean that the jewellery claim will necessarily have the same outcome.
Should the Jewellery Claimed Be Listed Individually?
The jewellery forming the subject matter of the action should be identified as clearly as possible.
Its type, quantity, weight, fineness and other distinguishing features may be important both for proof and valuation.
Indeed, Court of Cassation decisions demonstrate that claimants frequently describe chains, bracelets and gold items by weight, number and fineness in their statements of claim.
Can Part of a Jewellery Claim Be Accepted and Part Rejected?
Yes.
The claimant does not necessarily have to prove every jewellery item to the same degree.
The existence and ownership of some items may be established while sufficient evidence may be lacking for others.
In a 2024 decision, the 2nd Civil Chamber of the Court of Cassation found it lawful to accept the claim in relation to jewellery proven through witness evidence and reject the portion that had not been proven.
Is a Wedding Jewellery List Important in a Jewellery Case?
Where a written list of jewellery given at the wedding exists, that document may be relevant together with the other evidence.
However, the person who prepared it, whether it was created with the knowledge and acceptance of the parties and whether it is consistent with the other evidence must also be assessed.
It may therefore be important to submit several forms of evidence rather than relying solely on a jewellery list.
From Whom Is Jewellery Claimed If It Was Given to a Third Person?
Where it is alleged that the jewellery was given to or taken by a third person rather than the spouse, the legal nature of the dispute may change.
The person who took the jewellery, the spouse's role in the process and the person against whom the claim may properly be brought must be examined according to the circumstances.
Therefore, particularly where jewellery is alleged to have been given to a mother-in-law, father-in-law or another family member, identifying the correct defendant is important.
What Should Be Considered Before Filing a Jewellery Receivable Action?
Before filing a jewellery receivable action, it is important to assess the type and quantity of the jewellery, to whom it was attached, who retained possession, whether it was sold, the purpose of any sale, whether an agreement concerning return existed, wedding footage, witnesses, correspondence and other documents.
It is also important to decide whether the claim should seek return in kind or payment of the value and how the amount in dispute should be calculated.
Jewellery Receivable Actions in Ümraniye
Where a dispute concerning jewellery arises during divorce or separation proceedings in Ümraniye, the jewellery claimed should first be identified individually.
The court may need to determine to whom the jewellery was attached at the wedding, whether it was intended specifically for one spouse's use, whether it was sold during the marriage, the purpose for which it was used if sold and whether the claimant has a right to recover it.
Therefore, when legal advice is sought from an Ümraniye divorce lawyer, Istanbul divorce lawyer, Ataşehir divorce lawyer, Çekmeköy divorce lawyer, family law lawyer or jewellery receivable lawyer, the ownership and evidentiary aspects of the jewellery should be considered separately from the divorce claim itself.
Ümraniye Divorce Lawyer Assistance
Legal assistance in jewellery receivable disputes may include reviewing wedding and jewellery evidence, determining the type and quantity of jewellery, assessing ownership, formulating claims for return in kind or payment of value, reviewing witness and video evidence, following expert examinations, conducting a jewellery claim together with or separately from divorce proceedings and pursuing appellate remedies.
Conclusion
Jewellery receivable actions are common property disputes arising during divorce proceedings but must be assessed separately from fault, maintenance and compensation issues relating to the divorce itself.
Articles 218 and 220 of the Turkish Civil Code distinguish between acquired property and personal property, while Article 226 provides that each spouse takes back property belonging to them that is in the possession of the other spouse.
The central issue in a jewellery case is not merely proving that jewellery was given at the wedding. The particular items, the person to whom they were given, who subsequently possessed them, whether they were sold and whether an obligation to return them arose must all be established through the evidence.
Current Court of Cassation decisions also demonstrate that jewellery claims are examined from different perspectives, including proof, the nature of the jewellery, the person to whom it was attached and the method of valuation.
Therefore, issues concerning a jewellery receivable action, return of wedding jewellery, ownership of gold in divorce, return of jewellery in kind, value of jewellery that has been sold, proving jewellery through wedding videos, Ümraniye divorce lawyer, Istanbul divorce lawyer, Ataşehir divorce lawyer and Çekmeköy divorce lawyer should be assessed separately according to the circumstances of each individual case.