1. Property Regime Type and Sharing
The property regime between spouses during the marriage determines who owns the items. In Turkey, the regime of participation in acquired properties is taken as basis in marriages made after 2002:
Acquired Properties:
Properties acquired during the marriage process and considered common even if registered in the name of one of the spouses. For example:
Furniture, white goods purchased during the marriage.
Other items purchased for daily use of the house.
These items are shared equally in the event of divorce.
Personal Properties:
Items owned before the marriage or acquired as a gift or inheritance during the marriage are considered personal property and are not shared.
For example: Special items brought by one party before the marriage, antiques inherited from the family.
2. If a Property Regime Agreement is Made
The spouses may have made a property regime agreement at a notary before or during the marriage. This agreement determines who owns the items. If such an agreement exists, the sharing of the items is made according to this agreement.
3. Common Use Items
Items in common use are generally considered acquired property and are shared equally. For example:
Sofa sets
Electronic items (TV, refrigerator, etc.)
Home decoration products
The parties’ agreement is essential in sharing the items. If an agreement cannot be reached, the court will decide on this matter.
4. Evidence and Burden of Proof
If there is a dispute about who owns the items, the parties must prove who bought them or who they belong to.
Documents such as invoices, credit card statements, and contracts can be used to prove ownership.
5. Situations Encountered in Practice
Items Used Together: Are considered to belong to both spouses.
Items Used Personally: Belong to one of the parties and are not shared. (For example: Personal clothes, jewelry).
6. Sharing by Agreement
If an agreement is reached on the items, the parties can share them themselves without the need for court intervention.
This speeds up the divorce process and reduces costs.
In order to determine who owns the items, the property regime, the way the item was acquired and its usage are taken into consideration. In case of disagreement, the court is applied to and the court ensures a fair distribution. Consulting a lawyer during this process is important in order to prevent loss of rights.
