The Court of Cassation settles the classic debate: Who owns the wedding jewelry?

The Court of Cassation has issued a landmark ruling regarding disputes over jewelry, which often arise particularly during divorce proceedings between couples.

The 2nd Civil Chamber of the Court of Cassation has ruled in a case that "in the absence of an agreement on the distribution of jewelry, the jewelry belongs to the person to whom it was gifted according to local customs, or otherwise, the jewelry belongs to the woman or man to whom it was specifically pinned/gifted."

WEDDING GIFTS WILL BELONG TO THE PERSON THEY WERE PINNED ON

Stating that the previous Court of Cassation ruling has been reshaped, Attorney Buket Nurşah Tekışık spoke as follows:

"In its ruling numbered 2023/5704 E. 2024/2402 K., the 2nd Civil Chamber of the Court of Cassation changed its stance as of April 4, stating that jewelry, including that gifted to the groom, belongs to the bride."

According to the new precedent, the primary issue to be examined is whether there is an agreement between the parties. In the presence of an agreement, jewelry will be evaluated according to that agreement.

If there is no agreement, the matter should be based on customs and traditions. In the previous ruling, all jewelry belonged to the woman, regardless of who it was gifted to.

However, current case law dictates that jewelry gifted to the husband belongs to the husband, while jewelry gifted to the wife belongs to the wife. If the jewelry is specific to a certain gender, the decision must be made according to its suitability for that gender.

If there is any hesitation regarding this matter, an expert examination must be conducted. If it is determined through the expert examination that the jewelry is suitable for both genders, it will be considered the property of the spouse to whom it was attached or given.

In modern weddings, gifts of gold and jewelry are no longer pinned onto the bride and groom, but are instead collected in a common pouch, such as a chest or bag.

In this case, a decision must be made by seeking qualifications based on gender. If no such characteristic can be determined, the item will be considered common property.”