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One of the most important issues that come to the fore after the marriage union ends is the division of property. In accordance with the “participation in acquired property regime” introduced by the Civil Code No. 4721, in case of divorce, the acquired property is shared half and half between the spouses. In this article, we will examine in detail how property is shared in divorce and how the participation fee is calculated.
What is Acquired Property?
Assets acquired during marriage are considered “acquired property”. Examples of these goods include:
Immovable properties purchased during marriage (house, land, shop, etc.)
motor vehicles
Household goods and electronic devices
Jewelry and valuables
Investment instruments (stocks, bonds, foreign currency, etc.)
Deposit accounts at the bank
What is Personal Property?
Property acquired before marriage or through inheritance or gift is considered “personal property”. Personal property remains outside the acquired property regime and is not shared in divorce.
What is Participation Receivable?
If a spouse makes material or moral contributions to the other spouse’s acquisition of acquired property during the marriage, that spouse has a claim on half of the acquired property. This receivable is called participation receivable.
How to Calculate Participation Receivable?
Participation receivable account consists of the following steps:
1. Determining the Values to be Added:
The value of all acquired property acquired during the marriage is determined.
Debts acquired during the marriage are also added to these values.
2. Making Equalization Calculation:
It is evaluated whether a spouse made material or moral contributions to the other spouse during the marriage and how much this contribution cost.
These contributions are subtracted or added to the values to be added.
3. Calculation of Residual Value:
The residual value is calculated by subtracting the values resulting from the balancing calculation from the values to be added.
4. Determination of Participation Rate:
The participation rate is determined in proportion to each spouse’s contribution to the residual value.
5. Calculation of Participation Receivable:
The residual value is shared between the spouses, taking into account their participation rates. In this way, the participation receivables of each spouse are calculated.
Matters to be taken into consideration when calculating the Participation Receivable:
Only acquired goods are taken into account in the participation receivable calculation. Personal property is not included in this calculation.
Non-pecuniary contributions such as housework, child care and patient care made during the marriage can also be evaluated in the participation receivable calculation.
Participation receivable calculation can be a complex process. Therefore, it is recommended to consult a lawyer.
Property Sharing Case in Divorce
For participation receivables or other property sharing requests, a property sharing lawsuit must be filed together with the divorce case or after the divorce. This case is filed in family court. Spouses cannot make any changes to their assets until the case is concluded.
