1. Personal Property (Special Property)
Property owned by a spouse before marriage, items received as gifts, and inherited property are considered personal property. These properties are not shared in the event of a divorce.
Examples:
A house or car acquired before marriage
Items inherited from a spouse’s family during the marriage
Items for personal use (personal clothing, jewelry, etc.)
2. Inherited Property
Property inherited by a spouse during a divorce is considered personal property and is not shared.
Examples:
Immovable property (house, land, etc.) inherited from a spouse’s family
Valuables inherited (antiques, jewelry, etc.)
3. Property Received as Gifts
Property given by one spouse to the other as a gift during the marriage is considered personal property because it is a gift and is not shared.
Examples:
Gold, jewelry, clothing purchased by one spouse for the other
Anniversary or birthday gifts
4. Personal Items and Equipment
Items purchased for personal use, such as books, clothing, personal care products, are generally not shared.
5. Assets Specified by the Marriage Contract
If a property regime agreement was made between the spouses before the marriage, this agreement may have determined which assets will be shared. If the agreement stipulates that personal assets will not be shared, these assets will not be shared during the divorce.
6. Compensation and Insurance Fees
Income earned by a spouse before or during the marriage, such as compensation, unemployment insurance payments, and life insurance payments, are considered personal property and will not be shared.
7. Assets Not Belonging to Only One Spouse
Some assets acquired during the marriage may be registered in the name of only one spouse, but may be considered acquired property considering the purpose for which the assets were acquired and their contribution to the marital union. However, in order for these assets not to be shared, there must be a situation based on a special agreement or property regime agreement.
The assets that are not shared during the divorce are called personal assets and are generally the assets acquired before the marriage or received as a gift. Not sharing these assets is considered as the special rights of the spouses. However, since confusion may arise in property sharing and divorce cases, it is important to get legal advice and determine the arrangements regarding property sharing in advance.