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ASSETS IN THE EVENT OF DIVORCE

One of the lawsuits related to the assets that came to the agenda with the filing of the divorce case is the contribution fee, also known as the value increase share claim. With the concept of value increase share, in the event that a contribution is made to the acquisition, improvement or protection of a property belonging to one of the spouses, without any or any appropriate compensation, it is expressed that the contributing spouse is entitled to claim during the liquidation of the property regime.

In practice, it is often seen that the value of the assets purchased for investment purposes is registered in the name of one of the spouses and the spouse whose assets are registered in his own name at the divorce stage claims that the other spouse donates this asset value to him. However, the Supreme Court decisions said, “With the belief that the marriage union will last a lifetime, in order to secure the common life and the future, it cannot be considered as a donation if the spouses invest together in accordance with the customs, based on the solidarity and mutual trust arising from the togetherness. Loyalty is essential. Efforts to acquire assets with the expectation that family members will benefit in the future should not result in unjust enrichment of one of the spouses.” It is clearly stated that this situation cannot be considered as a donation.

How to Share Investments Made by Spouses Together

In case the spouses register their assets, which they acquired with the solidarity arising from the marriage union and on the basis of mutual trust, in the name of one of the spouses, the behavior and will for donation must be proven without hesitation. In this context, it is accepted that every contribution or gain made by a spouse to an asset belonging to the other spouse will not be a donation. Unless the existence of the will to donate is proven without hesitation, it is assumed that there is no will to donate and that the other spouse has a participation claim on this property, and the liquidation of the assets is carried out. The decision of the 8th Civil Chamber of the Court of Cassation, dated 28.02.2017, numbered 2017/1343 and Decision no. 2017/2693;

“In the examination carried out in accordance with the legal regulations and principles explained above;
According to the practices of our department, if there is no statement and behavior that will reveal the will to donate without hesitation, the registration of the real estate in the name of the defendant by paying the price only by the plaintiff is not sufficient for it to be accepted as a donation. In this respect, in the case at hand, it is understood that the declarations in the petition do not show the will of donation, and that the immovable is registered in the name of the defendant spouse, based on the solidarity and mutual trust arising from the togetherness, it is necessary to decide on the liquidation of the property regime within the framework of the claim and defense in accordance with the request. Regardless of this aspect, the rejection of the lawsuit against the immovables with parcel numbers 2774 and 2751 in written form was contrary to the procedure and the law, necessitating reversal.”

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