Court of Cassation rules gold bracelets must be returned after divorce

A couple experiencing marital difficulties filed for divorce at the Family Court. The woman, acting as counter-defendant, demanded the return of gold bracelets her husband had given her saying they would buy a car. The court ruled that seven 22-carat bracelets, each weighing 15 grams, must be returned to the woman exactly as received, or their value paid with legal interest from the date of the lawsuit if exact return was impossible.

The Regional Court of Justice had previously ruled that the bracelets were given to the husband at the woman's request and could not be accepted as a gift. It also ordered the return of 22 quarter gold coins, rejecting the claim for excess amounts. The woman's lawyer appealed the decision.

“I gave gold to my spouse who wanted to buy a car.”

The Court of Cassation's 2nd Civil Chamber reviewed the case file in detail. Under the Turkish Civil Code, each party bears the burden of proof for facts supporting their rights. The court emphasized that, unless the law provides otherwise, the burden of proof lies with the party deriving a legal consequence from the alleged situation.

In its ruling, the Court of Cassation cited the woman's statement that she gave gold to her husband who wanted to buy a car. She said he registered the purchased vehicle in his own name and used part of the gold to pay debts and cover household expenses, using another part to buy the car.

The woman further stated that remaining jewelry was taken to her mother-in-law's house without her permission or approval, under the pretext that thieves might steal it. She added that on one occasion, when she wanted to wear the gold for a wedding, the items kept at her mother-in-law's house were handed to her, and after the wedding, they were taken back to the mother-in-law's house where, at the husband's insistence, the jewelry was removed and handed to the husband.