While the divorce decision ends the marital union between the spouses, how the assets acquired during the marriage will be liquidated requires a separate legal examination. In practice property sharing case in divorce In this process, known as , in whose name the title deed or vehicle is registered does not alone determine the outcome. It is investigated when, from what source and during which property regime the property was acquired.
Legal regime in Türkiye as of January 1, 2002, unless the spouses have chosen another property regime is the regime of participation in acquired goods. This regime does not mean that every commodity is directly divided in half. First, each spouse's personal property and acquired property are separated; Debts, value increase share and values to be added are evaluated, and then the participation receivable is calculated based on the residual value.
What is a Property Division Case in Divorce?
Property sharing case, liquidation of asset values upon the termination of the property regime between spouses and, if any, participation receivable, value increase share or contribution receivable This is a lawsuit filed to determine . This case is not a part of divorce; It is based on a different legal claim than alimony, custody or divorce compensation.
When the property regime ends due to divorce, the termination date is the date on which the divorce case is filed. On the other hand, it is important for the divorce decision to be finalized in order for the receivable to be adjudicated. If the property sharing case has been filed together with the divorce case, the review regarding the property regime may be postponed until the outcome of the divorce is finalized.
Distinction between Acquired Property and Personal Property
The first step in correct calculation is to determine the legal nature of the values subject to liquidation. Just because a property is registered in the name of one spouse does not automatically make it personal property. The date of acquisition, source of payment and the goods regime agreement, if any, are examined together.
Goods type Main examples General approach in liquidation
Acquired property Wages, salaries and professional income for work Can be included in residual value calculation
Acquired property Social security and social assistance payments and provisions for loss of working capacity Evaluated within the framework of the criteria in the law
Acquired property Income from personal property and replacement values of acquired property It is liquidated to the extent that its source can be traced.
Personal property Assets owned before marriage As a rule, it is excluded from the participation receivable account.
Personal property Properties acquired through inheritance or gratuitous acquisition As a rule, personal property is considered
Personal property Goods for personal use only and non-pecuniary damages receivables As a rule, it is not included in the liquidation
The nature and source of the value claimed to be personal property must be proven. For example, if part of the cost of a real estate purchased during marriage is covered by inherited money and the remaining part is covered by work income, the ratios of personal and acquired resources can be calculated separately.
How is Participation Receivable Calculated?
The participation receivable is not directly half of the current market value of the goods. First, the total value of the assets acquired by each spouse is determined; Debts related to these goods are removed and unrequited gains that must be added to the account by law or transfers for the purpose of stealing goods are examined. The other spouse's receivables are calculated based on the resulting surplus value.
Calculation step The matter examined Sample document or evidence
Determination of assets Real estate, vehicle, bank account, company share and other economic values Land registry, traffic, bank and trade registry records
Separation of goods type Whether the value is acquired or personal property Acquisition date, inheritance certificate, donation and payment records
Deduction of debts Current and acceptable liabilities regarding assets Loan agreement and payment plans
Values to be added Some transfers made for the purpose of reducing the participation claim of the other spouse Title circulation, bank transfer and third party transactions
Surplus value and participation Legal participation rate of the spouse based on the net acquired property value Expert account and valuation report
According to the Turkish Civil Code, each spouse or his/her heirs have the right to half of the residual value belonging to the other spouse; receivables are exchanged. However, in cases of divorce due to adultery or attempt against life, the judge may decide to reduce or abolish the share of the at-fault spouse in the residual value. The property regime agreement and special conditions in the concrete file may also change the calculation.
Value Increase Share and Contribution Fee Receivable
In case a spouse contributes without compensation to the acquisition, improvement or protection of a property belonging to the other spouse and there is an increase in the value of this property. value increase share receivable may come up. It is possible for the contribution to be made in money, loan payment or any other resource whose economic value can be measured; The existence and source of the contribution must be proven.
Contribution receivable The concept is especially important in terms of contributions during the property separation period that was valid before January 1, 2002. In long marriages, different property regime rules may need to be applied for the same property on different dates. Therefore, the dates of marriage, acquisition and payment should be separated chronologically.
Can a house purchased before marriage be shared?
The house acquired before marriage is, as a rule, the personal property of the owner spouse. However, payment of loan installments from earned income during the marriage, documentable contribution of the other spouse or use of income from the real estate may create different receivable items. In this case, the entire property is not automatically shared; The initial value of personal property and the payments and value changes during the marriage are separated by expert calculation.
Similarly, although an inherited immovable property is considered personal property, the rental income of this immovable property can, as a rule, be considered as acquired property in the legal regime. The principal value inherited and its income may not be subject to the same legal category.
Transfers Made for the Purpose of Smuggling
The fact that one of the spouses transfers real estate or other economic value to a third party before the end of the property regime does not mean that that value will be excluded from liquidation in any case. Transfers made for the purpose of reducing the other spouse's participation receivables and unrequited gains other than ordinary gifts within one year before the end of the property regime can be added as value to the acquired goods if the conditions in the law are met.
The date of the transfer, its price, the buyer's ability to pay, the relationship between the parties and whether the payment has actually been made are evaluated together. Before filing a lawsuit, the protection of title deeds and bank transactions, the position of the third party in the case and the conditions for injunctive relief should be examined on a case-by-case basis.
What Evidence is Important?
Current title deed records and official deeds of real estate
Vehicle registration and sales records
Bank account transactions, loan agreements and payment plans
Company partnership structure, commercial books and financial records
Inheritance certificate, donation documents and records showing the source of personal property
Expert reports regarding the value of the property on the acquisition and liquidation dates
Other lawful evidence explaining the true nature of the contribution, payment or transfer.
In the published decisions of the Constitutional Court, it is seen that different economic values such as real estate, vehicles, company assets and commercial books can be subject to expert examination. Therefore, focusing only on land records may lead to an incomplete liquidation account.
Judicial and Competent Court
The court in charge of cases arising from the liquidation of the property regime family court. In places where there is no family court, the civil court of first instance acts as a family court. Competent court; It is determined within the framework of the rules in Article 214 of the Turkish Civil Code, depending on the termination of the property regime due to death, divorce or any other reason.
As a rule, property sharing requests give rise to personal claims, not real rights. For this reason, it is not possible to directly register half of a real estate in the name of the plaintiff in every file. Legal exceptions regarding shared ownership or family housing and the special requests of the parties should be evaluated separately.
Time to File a Lawsuit
For property regime receivables, the duration is calculated according to the finalization date of the divorce decision and the legal nature of the request. In practice, the ten-year general limitation period in the Turkish Code of Obligations is important; However, contributions, value increase shares, participation receivables and requests directed to third parties should not be evaluated in the same way. In order to avoid loss of rights, a file-specific time analysis should be made based on the finalization annotation and request type.
Frequently Asked Questions
Is the house considered to belong to whoever owns it?
The land registry shows the owner of the property; However, in the liquidation of the property regime, the date of acquisition of the house and the source of financing are also examined. The other spouse may request a participation or value increase share in lieu of title deed, if the conditions are met.
Can a non-working spouse receive rights from property division?
In the regime of participation in acquired goods, entitlement is not only directly dependent on earning money. Without additional monetization of domestic labor one by one, the legal regime's system of participation in surplus value is applied.
Can the house purchased with inherited money be shared?
Inheritance is personal property. If it is proven that the house was purchased entirely with inheritance money, personal property defense comes to the fore. If both inheritance money and acquired income are used, resource rates can be calculated separately.
Are property sold before divorce taken into account?
The reality, price and purpose of the sale are investigated. Transactions made for the purpose of reducing the participation receivable or meeting other inclusion conditions in the law can be included in the calculation as value.
Can property division cases be filed together with divorce?
Openable; However, since the finalization of the property regime liquidation depends on the finalization of the divorce decision, the file can be separated or a pending issue can be made.
Legal Support for Property Division in Divorce in Antalya
In property sharing files to be carried out in Antalya and Manavgat, real estate, tourism income, company share, vehicle and bank accounts may require different valuation methods. Establishing the chain of acquisition and payment from the date of marriage to the date of filing of the divorce case; It is important to document personal property sources and base claims on the correct claim type. For detailed evaluation Antalya family law service You can check .
This content is for general information purposes. Since the property regime agreement, acquisition dates, payment sources and litigation process are different in each file, a separate legal evaluation must be made for the concrete case.
Official Sources
Turkish Civil Code No. 4721 (especially art. 202-281)
Turkish Code of Obligations No. 6098 (general statute of limitations provisions)
Constitutional Court, personal claim right in property regime liquidation
Constitutional Court, participation receivable and value increase share review