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Generally, there is a common opinion among the public that the court will divide the property of the spouses with the filing of the divorce case. However, according to the law, when the divorce case is concluded, the judge cannot decide on the division of property. In order to take a decision in this direction, the spouses must file a lawsuit in order to liquidate the property regime, that is, to share the property. Otherwise, the judge cannot examine the demands and reach a decision on this matter, even if it is included in the petition. In case of divorce, a separate lawsuit must be filed for the liquidation of the acquired property. This lawsuit that needs to be filed is called “the lawsuit demanding the liquidation of the property regime”.
When Should the Case for Liquidation of the Property Regime Be Filed?
In the TMK, the statute of limitations in cases arising from the property regime is not specified with a separate article. It is accepted that the 1-year limitation period in Article 178 of the TMK is in question for pecuniary damages, moral damages and alimony cases, and it is not correct to apply it in cases arising from the liquidation of acquired property. Again, since there is no separate provision for these cases, it is stated that there is a 10-year statute of limitations in these cases, since they are considered as a right of receivable in nature.
What Is Included in the Scope of Acquired Goods?
What Is Included in the Scope of Acquired Goods?In case of divorce, the basis for the sharing of acquired property is the property acquired by the spouses after 1.1.2002. Again, unrequited gains made 1 year before the end of the property regime, payments made for the other spouse’s personal assets and intentional transfers are considered as “acquired property” and are shared fairly between the spouses.
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