31.10.2026 10:34
The decision closely concerning couples who buy a car by cashing in their wedding gold came from the Court of Cassation. After the man who used his wife's 7 bracelets to buy a car failed to prove that the gold had been gifted to him not to be returned, the High Court stepped in. The Court of Cassation found it unlawful to reject the woman's request for return on the grounds that it could not be proven that the bracelets, which were cashed in with the woman's consent, had been gifted.
The 2nd Civil Chamber of the Court of Cassation has delivered a notable ruling in a dispute between a couple going through divorce over wedding gold. The man, who had his wife's bracelets melted down to buy a car, argued that the gold was given by the woman of her own accord. However, the Court of Cassation stated that the burden of proving that the gold was gifted with no intention of return rests with the male spouse and overturned the decision rejecting the request for the return of 7 bracelets.
HE HAD HIS WIFE'S BRACELETS MELTED DOWN TO BUY A CAR
The couple, who decided to divorce due to incompatibility, faced each other in Family Court. The woman requested the return of 7 22-karat bracelets, each weighing 15 grams, which her husband had taken from her to buy a car.
The first-instance court ruled that the bracelets be returned to the woman in kind, and if that was not possible, that their value be paid with legal interest.
However, the Regional Court of Appeals, which examined the file, rejected this request on the grounds that the woman had given the bracelets of her own accord. The court also ordered the return of the 22 quarter gold coins that were the subject of the case.
THE COURT OF CASSATION OVERTURNED THE DECISION
Upon the woman's appeal of the decision, the case was brought to the 2nd Civil Chamber of the Court of Cassation.
The Court of Cassation stated that it was established by the evidence in the file that the 7 bracelets were used in the purchase of the car. However, it emphasized that the burden of proving that the gold was gifted with no intention of return rests with the male spouse.
Drawing attention to the fact that the man could not prove this, the High Court ruled that the woman's request should also be accepted regarding the 7 bracelets and overturned the decision of the Regional Court of Appeals.
"SHE GAVE IT OF HER OWN CONSENT" DEFENSE WAS NOT SUFFICIENT
In the ruling, it was indicated that the woman's having given the gold for the purchase of a car did not by itself eliminate her right to return.
Stating that it could not be proven that the bracelets were given with no intention of return, the Court of Cassation made the following assessment:
"From the evidence collected, the defendant man could not prove that the woman gave the gold with no intention of return."
Thus, the legal assessment came to the fore that gold melted down with the spouse's consent can be reclaimed unless it is proven to have been gifted.
CITIZENS WERE DIVIDED IN TWO
The Court of Cassation's decision was also asked to citizens in Bursa. Different answers came to the question "Would you give your gold to your spouse?"
While some citizens said they could give their wedding gold to their spouses trusting them, others stated that they were not warm to giving their gold.