In short
An attachment on a joint bank account is a memorandum arriving against the balance of an account the debtor is a party to. The account being joint does not make the balance unattachable by itself. The other partner's money is not separated by itself either. The separation is built with the statement and with a document. A share rate is not said without the statement.
How the bank applies the memorandum
The bank places a block, or makes a transfer, according to the writing of the enforcement office. Whether the account is an "and" account or an "or" account stands at the bank, in the signature circular and in the contract. On an "or" account each partner may transact alone. This authority does not show that the whole of the money belongs to the debtor. On an "and" account a joint signature is looked for. A joint signature does not mean the attachment can never be placed either.
The bank may not treat as binding, by itself, the partner who is not the debtor saying on the telephone that this money is mine. The objection is in writing and rests on the statement. The bank notifies the office of the amount it blocked and of the date. If there is no notice, the debtor asks for the bank's writing with the receipt.
An attachment on a bank account recounts the panic of an account in one person's name. This article does not repeat that panic. Here there is a second holder of a right.
What the other partner shows
If the other partner wants to show the part of the balance that belongs to them, they write this to the enforcement office. The writing contains which amount came, on which date, from which source. A salary payment, a collection of an invoice, a gift or the partnership's own income should match a line of the statement. A claim that does not match stays weak.
A claim of a share is carried, when needed, into a claim of ownership or into a debate on a negative declaration. A claim of ownership is saying that the attached property does not belong to the debtor. A bank balance may enter this debate too. The action does not mean the block comes off by itself. A decision, or a step of the office, is looked for.
A spouse's account is in a separate frame. An attachment on a spouse's property is that intention. A joint account does not apply the matrimonial property regime by itself. The regime is read from the document of the property regime, not from the name on the statement.
The debtor's own objection
The debtor may raise that the money paid in came from a claim that cannot be attached. A wage newly paid in, or a payment the statute protects, may be the subject of this claim. The frame of the protection is in property that cannot be attached. The joint holding does not stand in for that protection. A claim about wages is shown with the payslip and with the line of the payment in.
The debtor cannot treat the attachment as absent by counting the whole of the account as belonging to the other partner. If their name is on the account, the office may continue the block until the debate on the share ends. Drawing the money before the debate ends may be the subject of a complaint separately.
How the statement is read
On the statement there is a date, a description and an amount. A salary, rent, a company collection and a cash payment in are different lines. Money paid in after the day of the attachment, and the balance on the day of the attachment, are followed separately. A later payment in does not change the ground of the earlier block. A separate writing is needed for the new payment in.
If more than one account is at the same bank, the account the memorandum shows the IBAN of is taken as the basis. If there is no IBAN in the memorandum, the bank may notify the accounts it sees as the debtor's. Not every account that is notified is treated as belonging to the debtor. The ones that are joint are marked separately.
What is looked at on a joint account
The attachment goes to the bank branch where the account is. If the branch is in Ankara, the writing reaches Ankara. If the enforcement file is in another province, the file stays in that province. The office being in Çankaya does not change the bank or the office. Counsel in Ankara first asks for the memorandum, the account contract and the statement of the last three months.
This article looks, on the statement, for a second name besides the debtor's name. If there is a second name, it separates the lines on which that person paid money in. If it cannot separate them, an objection to the whole of the block stays weak. If it can separate them, it writes the amount, the date and the description in the petition. The IBAN and the file number are in the petition. When there is no number, the bank cannot know which file's block it will release.
If new money is paid into the account after the block is placed, this money does not enter the scope of the earlier block by itself. The bank notifies the new payment in separately, or the office sends a new writing. If the debtor thinks the new payment in is a wage or another protected item, they write this with the date of that line. The old balance and the new payment in are not melted in the same petition.
The other partner asks the bank for the receipt that shows the money belongs to them. The name of the person who paid in appearing on the receipt strengthens the claim. If it does not appear, the partner attaches their own account summary and the description. If there is no description, the office does not split the share rate in half by itself. The rate is read from there only if there is a contract or a court decision. When there is no decision, a promise of an equal sharing is not given.
Conclusion
An attachment on a joint account does not erase the other partner's right. It does not protect the right by itself either. The separation is built with the statement and with a written objection. A share rate is not said without a document. The question whether an attachment is placed on a joint account is not answered without the statement either. The frame is on the enforcement and bankruptcy page. The basis is the text of Enforcement and Bankruptcy Law No. 2004.