In Türkiye Divorce cases One of the most discussed issues between spouses goods sharing. Who would remain on the goods acquired by couples during the marriage have been the subject of years of lawsuits and discussions. So how to share goods in case of divorce, which goods enter the sharing, which goods are considered personal goods?
What is the goods regime?
According to the Turkish Civil Code, the legal property regime for the couples who married after 2002 “Participation in acquired goods” is the regime. In other words, the assets obtained by the spouses during the marriage are shared in the event of divorce.
- Acquired goods: Salaries, savings, home and cars taken during the marriage period, work revenues.
- Personal goods: The goods owned before marriage are assets acquired by inheritance and donation.
In the case of divorce sharing goods, the value of acquired goods is calculated and shared between the spouses.
Ask the lawyer: “Where is the most mistakes made?”
We met divorce lawyerHe says that the most mistakes made in sharing goods are due to false expectations:
“Most of the citizens think that ‘everything taken after marriage is shared equally’. However, personal goods are non -sharing. For example, one of the spouses is the only owner of the house he receives before marriage, the other spouse cannot claim this house in the event of divorce. However, the contributions made to that house can be calculated.”
The lawyer also emphasizes that the divorce case and the case of sharing goods are separate:
“The parties do not automatically start the sharing of goods while opening the divorce case. For this, the goods sharing should be opened. This case can be opened after the finalization of the divorce.”
Danger of kidnapping goods
During the divorce process, some spouses are trying to prevent sharing by transferring their property to third parties. However, the Court of Cassation evaluates such active periods among the transactions that can be canceled. If one of the spouses deliberately disposes their goods before the divorce, they may claim rights over these goods during the liquidation of the other spouse regime.
Precedent decisions from the Court of Cassation
- The fact that the car taken during the marriage period is registered in the name of only one spouse does not eliminate the right of the other spouse.
- The house taken before marriage is considered personal goods, but if the loan payments made to that house are made during the marriage period, the contribution rate is taken into consideration.
- The goods received through inheritance are not shared, but the rental revenues obtained from these goods can be considered as acquired goods.
Why are the cases extending?
Property sharing cases can sometimes last for years. The main reasons for this:
- Calculation of the value of the goods by experts,
- The parties try to prove their claims against each other,
- The appeal of the case due to objections to the Court of Cassation.
Therefore, experts, for faster progress of the process divorce lawyer Support.
SOLUTION RECOMMENDATIONS
- If the goods sharing protocol is prepared with the divorce case, the parties may solve the sharing of goods with a contracted manner.
- In case of a dispute, a lawsuit should be filed and evidence (bank records, title deed documents, credit payments) should be presented completely.
- Professional support should be obtained in order to avoid loss of rights.
CONCLUSION
The sharing of goods in divorce cases is one of the biggest disputes among the spouses. Although the law is open, every concrete event in practice can have different results. Deciding which goods acquired goods, which is personal, often require expertise.
In order to prevent loss of rights, the parties act with the correct information and an experienced when necessary divorce lawyerIt is of great importance to consult.
