Legal Rights in Property Sharing in Divorce: Legal Rights and Responsibilities of Spouses
The divorce process can be a complex period, both emotionally and legally. The issue of property sharing, in particular, draws attention as an area where disagreements frequently occur between the parties. In this article, we will examine in detail the legal rights and responsibilities of spouses in the event of divorce.
Legal Basis of Divorce and Property Sharing
The rules regarding property sharing in the divorce process are regulated in the Turkish Civil Code. The rights and responsibilities of spouses in property sharing determine how the property acquired during the marriage will be shared.
1.1. Legal Property Regimes
According to the Turkish Civil Code, two main property regimes can be applied during marriage:
Participation in Acquired Property Regime: In this regime, the property acquired during the marriage (workplaces, real estate, savings, etc.) is shared equally. Personal property and personal debts are excluded from this sharing.
Property Separation Regime: In this regime, each spouse is responsible for their own assets and no property sharing is done. However, this regime is usually chosen by an agreement made before marriage.
Legal Rights of Spouses
The legal rights of spouses in property sharing during divorce are critical to ensuring a fair sharing process.
2.1. Right to Equal Sharing
Within the scope of the Participation in Acquired Property Regime, property acquired during the marriage is shared equally. This sharing expresses the legal right of each spouse to an equal share.
2.2. Rights to Personal Property
Property acquired before marriage, property acquired through inheritance and property acquired for personal use are considered personal property and are excluded from sharing. However, improvements or contributions made to personal property may be shared.
2.3. Right to Auxiliary Property Regime
Unless a property separation regime is chosen, when dividing the assets acquired during the marriage, the spouses’ financial support obligations and requests for assistance should also be taken into consideration.
Legal Responsibilities of Spouses
Spouses have not only rights but also responsibilities during the divorce process.
3.1. Obligation to Make True Statements
Spouses are obliged to provide accurate and complete information about their assets during the property division process. Making false statements or hiding assets may lead to legal problems.
3.2. Sharing of Debts
Debts acquired during the marriage are taken into account in the property division. Which spouse owns these debts and how they will be shared is determined during the divorce process. Spouses may be jointly responsible for the payment of these debts.
3.3. Obligation to Provide Financial Support
After divorce, the financial support obligations determined by the court (such as alimony) are the responsibility of the spouses. This support is arranged to prevent financial difficulties after the divorce.
Things to Consider in Property Sharing During the Divorce Process
There are some important points to consider during the property sharing process:
4.1. Getting Professional Consultation
The property sharing process can be complicated and may require legal knowledge. Therefore, getting professional help from a lawyer or financial advisor ensures that the process is carried out in a healthy manner.
4.2. Contracts and Official Documents
Agreements made between spouses and contracts prepared prevent disputes that may occur during property sharing. These documents must be approved by official procedures in order to have legal validity.
4.3. Tax Liabilities
The values obtained during property sharing and the transactions to be made during this process may also bring tax liabilities. It is important for spouses to fulfill their tax liabilities.
Property sharing during the divorce process brings with it many legal and financial responsibilities. Knowing the spouses’ legal rights and responsibilities can help the process to be carried out fairly and smoothly. Professional consultancy and legal support are of critical importance in finding a fair solution in property sharing.