How is Property Division Conducted in Contested Divorces in Turkey?
Property division in contested divorces in Turkey is based on the principle of fair distribution of assets acquired by couples during their marriage. According to the Turkish Civil Code, assets acquired during the marriage are divided equally between spouses. In this division, personal property of spouses is excluded and only assets acquired during the marriage are taken into account.
In property division, first, it is determined which property regime the parties are subject to. Then, personal and acquired properties are identified, and the division begins.
Personal property includes assets acquired before marriage, those obtained through inheritance or donation, personal use items, and moral compensation claims. These assets are excluded from division.
Acquired property includes all assets obtained during the marriage in exchange for a payment. For example, income earned as a result of work, social security payments, compensations received due to loss of working capacity, and income derived from acquired property are considered in this context.
The property regime ends from the date the contested divorce case is filed, and the value of acquired property is determined as of this date. During the liquidation of acquired property, the court assumes that both spouses have equal rights over these assets, considering the current market value of each asset.
If one party proves that they have contributed to the other’s personal property, a claim may arise in proportion to this contribution. For example, a spouse who contributed to their partner’s pre-marital shop by selling their jewelry should assert this in the property division. Contributions made by one spouse to the other’s property can be claimed as value increase share or participation claim.
Value increase share claim is calculated based on the value of the property at the time of liquidation when one spouse contributes to the other’s personal or acquired property. Participation claim arises in situations where acquired property needs to be divided equally after liquidation.
Bank accounts, real estate, vehicles, and other assets are considered in the property division process. If one spouse thinks the other has a hidden bank account, the court investigates these accounts by writing to all banks. The court determines whether these accounts are acquired property within the marriage and decides accordingly.
Finally, interest, attorney fees, and litigation expenses decreed by the court are also considered in the property division process. These expenses are shared between the parties according to the rate of justification. At the end of the case, the receivables of both parties are offset, and if any, calculations are made on the remaining amount. As property division in contested divorces in the Turkish legal system is a complex and detailed process, it is recommended to be conducted under the guidance of an lawyer.
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How is Property Division Conducted in Contested Divorces in Turkey?
