Participation in Acquired Property Regime (EMK) is the most common type of property regime in Turkey. In this regime, the property acquired by the spouses during the marriage is shared in certain proportions in case of divorce or death of one of the spouses.
In this blog post, we will provide a comprehensive review of property division in EMK. To help you understand the subject better, we will first discuss the basic principles of EMK. Next, we will explain which property is considered acquired property and which property is considered personal property. Finally, we will examine in detail how property sharing is calculated and what factors are taken into account in sharing.
Basic Principles of EMK:
• Marital Union: EMK covers the property acquired by the spouses during the marriage union. Property acquired before marriage and property acquired after the marriage union is not included in this regime.
• Partnership: In EMK, spouses have equal rights on the acquired property. In case of divorce or death of one of the spouses, these assets are shared in certain proportions.
• Contribution Fee: The contribution of the spouses to the acquisition of acquired property is taken into account in property division. The spouse who contributes more may have more rights than the other spouse.
Acquired Goods:
• Property Acquired During the Marriage Union: Property obtained from earnings such as salary, rental income, interest income, dividends, stock earnings, commercial earnings are considered acquired property.
• Immovable Properties Acquired During Marriage: Immovable properties such as houses, land, shops are considered acquired properties.
• Vehicles Acquired During Marriage: Vehicles such as automobiles, motorcycles and yachts are considered acquired property.
• Increased Value During the Marital Union: The increase in the value of any property during the marriage union is considered as acquired property.
Personal Property:
• Property Acquired Before Marriage: Property acquired by spouses before marriage is considered personal property.
• Property Acquired through Inheritance: Property acquired through inheritance is considered personal property.
• Goods Acquired through Donation: Goods acquired through donation are considered personal property.
