With the end of the marriage union, the sharing of the goods that the spouses acquired and used jointly while in the marriage union will be in question. The goods that will constitute the subject of property sharing are the properties acquired between the date of marriage and the date of the expiry of the property regime (death date, date of divorce case) In this case, the way to follow is to file a goods-sharing case and request the sharing of these goods from the authorized court.
Current Turkish Civil Law came into force on 01.01.2002 and it accepted the regime of participation in acquired properties as the main one. For the properties acquired before this date, Turkish Civil Law accepted the separation of properties regime. Therefore, if there are registers such as the Land Registry where the acquired property is registered, it is accepted that the property belongs to that spouse. In addition, the Turkish Civil Law did not stipulate the regime of participation in acquired properties, but regulated to accept other property regimes with a different agreement.
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The Rules About The Ownership Of Properties Regulated by Turkish Civil Law
Current Turkish Civil Law came into force on 01.01.2002 and it accept the regime of participation in acquired properties as the main one, if there is not different agreement. (TCL a.202) The regime of participation in acquired properties contains acquired properties and individual properties. (TCL a.218) What are the acquired properties? Acquired property is the assets values obtained by each spouse by paying for it during the continuation of this property regime. (TCL a.219) Acquired properties are counted in the continuation of this article, although not limited (sui generis).
- Payments taken in return for the work of one of the spouses
- Incomes gained for the individual properties one of the spouses
- Aids received from Social Security Institution or charity organizations
- Compensations for loss of workpower
- The values of the acquired properties are included among the goods to be shared in the case for sharing of goods.
Individual properties are those belonging to one of the spouses and are counted as limited in law (sui generis).
- Items for personal use only by one of the spouses
- Asset values belonging to one of the spouses at the beginning of the property regime or acquired by a spouse later through inheritance or in any way unrequited,
- Non-pecuniary damages,
- Values substituting individual properties
If one of the spouses claims to be personal on a property, he is obliged to prove that the property is personal. If it cannot be proved, it will be accepted among the acquired properties and will be subject to the case for sharing of goods.
Although personal property is limited and acquired properties are counted as an example in the law, spouses can either designate the property acquired as personal property or change the rate of participation in the acquired properties by petitioning to the marriage officer during the wedding ceremony or by the contract they will make at the notary during the marriage.
. The Rules Determined by Turkish Civil Law About Sharing Property
In the previous title, we mentioned the regulations made for the determination of the ownership of the goods. Acquired goods, which are not limited to the law, are among the goods to be shared. The goods that are deemed to be the personal property of each spouse do not participate in this sharing. However, if there are incomes from personal property, they will be included among the goods to be shared. For example, a house inherited by the death of the father of one of the spouses is personal property in accordance with TCL a.220 and does not participate in the sharing of property, while the rental income from this house will be included in the property sharing in accordance with TCL a.219.
In case of mixing of personal goods and acquired goods, the personal goods are removed from the acquired goods and the remaining part is included in the sharing.For example, a house was bought by participating in the moral compensation that one of the spouses gained as a result of a lawsuit. If 20.000 TL of the house purchased for 150.000 TL is provided with the mentioned moral compensation, 20.000 TL part will be counted as the spouse who has moral compensation and 130.000 TL part will be shared.
Again, if a new property has been acquired with the contribution made from personal property and the value of this property has increased until the time it became the subject of the property sharing case, the contribution made from the personal property is deducted from the acquired goods by proportioning to the increase in the value of the property. Continuing with the example above, if the price of the house, which was taken to 150,000 TL, was 180,000 TL when it came to the property sharing case, it has incurred 20% price increase. Therefore, the contribution of 20.000 TL from personal goods will be increased by 20% and the remaining 156.000 TL will be shared among the spouses by subtracting the value of the property acquired as 24.000 TL.
Although it was purchased before the marriage union, if the debt of that property is paid during the marriage process, the part of the property paid during the marriage union will also be included in the sharing. For example, if one of the spouses bought a car worth 100,000 TL by taking a loan and paid 35,000 TL before the marriage and the remaining part was paid after the marriage union, then the portion of 65,000 TL paid will be shared between the spouses. If there has been an increase in the value of the property, the procedure described in the previous paragraph will also be applied here.
Sharing of goods is done as a rule of 50%. However, if it is determined by the divorce decision that one of the spouses is at fault at the end of the marriage union, this issue can be evaluated by the court and the share rate can be changed during the property sharing case. If the foundations of the marriage union have been shaken, one of the spouses knowingly and willingly cheated on the other, in this case, the court can determine a different rate for sharing by using its discretion.
The Rules Determined by the Turkish Civil Code Regarding the Judicial Authority
The court in charge is the Family Court. The competent court is the court at the last residence address of the deceased spouse in case of death, and in case of divorce, the court where the divorce action is heard. Except for these two exceptions, in all cases the court of residence of the defendant spouse is competent.
The Rules Determined by the Turkish Civil Code Regarding Time
In the case of the death of one of the spouses, the divorce case is opened together with the divorce case, in the case of divorce, after the decision of divorce is finalized or in cases where there is a disadvantage in the delay-such as the possibility of kidnapping property. The court can make a preliminary examination and wait for the outcome of the divorce case by giving an injunction order on the property if it deems necessary.
Although there is no provision in the law regarding the deadline for the filing of property sharing lawsuits, the General Assembly of the Supreme Court of Appeals also accepted 10 years, which is the general statute of limitations specified in the Turkish Code of Obligations, for property sharing lawsuits.