The end of a marriage can be a challenging process not only emotionally but also financially. One of the most important issues in divorce cases is the division of property. In this article, we will examine the details of property division, which properties are subject to division, how the division is made, and what to consider in this regard.
What is Property Division?
Property division is the equal sharing of all properties acquired by the spouses during the marriage after the divorce. This includes not only immovable properties, but also vehicles, money in the bank, shares, debts, and other assets.
Which Properties Are Subject to Division?
Immovable properties acquired during the marriage (house, land, shop, etc.)
Vehicles acquired during the marriage
Money in the bank acquired during the marriage
Shares and other securities acquired during the marriage
Valuable items such as gold and jewelry acquired during the marriage
Debts incurred during the marriage
How is Property Division Done?
Property sharing can be done in two ways
Consensual Divorce: Spouses can agree on all issues, including property sharing, and put this agreement into a divorce protocol. In this way, they can solve the property sharing problem without going to court and going through prolonged legal proceedings.
Contested Divorce: If spouses cannot agree on property sharing, they can file a lawsuit and request the court to make a decision. After determining the value of the assets, the court will divide the property by observing the principle of equality.
Things to Consider in Property Sharing
Property sharing only covers property acquired during the marriage. Property acquired before marriage is not subject to sharing.
Personal property is not included in property sharing. Personal property is the property acquired by a single spouse through their own labor or inheritance during the marriage, in addition to property acquired before marriage.
Debts are also part of property sharing. Debts incurred during the marriage are shared equally between the spouses.
In case of disagreement on property sharing, it is important to consult a lawyer and protect legal rights.
Some Legal Regulations Regarding Property Sharing
Turkish Civil Code Article 179: Spouses acquire the property they acquired during marriage as joint property.
Turkish Code of Obligations Article 200: Debts incurred during the marriage are shared equally between the spouses.
Court of Cassation Jurisprudence: There are many Court of Cassation jurisprudences regarding property sharing. These jurisprudences constitute precedents in property sharing cases.
