1. Property Regimes: Basic Concepts<\/p>\n
Property regimes are legal regulations that determine how the assets of the spouses will be managed and shared during the marriage union. There are three main property regimes in Turkey:<\/p>\n
a. Property Separation Regime<\/p>\n
In the property separation regime, the assets of the spouses are managed independently of each other. Under this regime:<\/p>\n
Personal Property: The assets of the spouses are completely separate. Each spouse manages his\/her own assets independently and no personal assets are shared in the event of divorce.
\nDebts: Each spouse is responsible for his\/her own debts. Joint debts may be taken into account in the property sharing process.<\/p>\n
The property separation regime is generally preferred for situations where the spouses’ assets must be managed completely independently and not shared.<\/p>\n
b. Participation in Acquired Property Regime<\/p>\n
The participation in acquired property regime is the most widely applied property regime in Turkey. In this regime:<\/p>\n
Acquired Property: Properties acquired during the marriage are considered joint. Spouses share assets such as income earned during the marriage, earnings from work, shared residence and vehicles.
\nPersonal Property: Properties owned before marriage, inherited property and personally acquired property are considered personal property and are not shared.<\/p>\n
The participation in acquired property regime aims to ensure the spouses’ joint contributions and property sharing in a fair manner.<\/p>\n
c. Shared Property Separation Regime<\/p>\n
The shared property separation regime provides a balance between the separation of property and the participation in acquired property regime. In this regime:<\/p>\n
Joint Property: Certain properties acquired during the marriage are shared. Personal property is excluded from sharing.
\nPersonal Property: The spouses’ personal property is kept separate and excluded from sharing.<\/p>\n
The shared property separation regime balances the division of joint property with the separation of personal property.<\/p>\n
2. Divorce and Property Division<\/p>\n
During the divorce process, property division is made according to the applied property regime. Let’s examine the effects of each property regime on the divorce process and the methods of sharing in detail:<\/p>\n
a. Property Division Regime and Divorce<\/p>\n
In the property division regime, property division is not made during the divorce process. The spouses’ assets remain completely independent during the divorce. The spouses continue to manage their own assets after the divorce and there is no sharing of joint property. However, if there are joint debts, it may be necessary to reach an agreement on how these debts will be paid.<\/p>\n
b. Acquired Property Participation Regime and Divorce<\/p>\n
In the acquired property participation regime, the division of acquired property is made during the divorce process. The points to be considered in this process are as follows:<\/p>\n
Distribution of Acquired Property: Properties acquired during the marriage are shared equally. For example, joint housing, vehicles, and earnings from a workplace fall into this category.<\/p>\n
Separation of Personal Property: Pre-marriage property, inherited property, and personally acquired property are considered personal property and are not subject to sharing.<\/p>\n
Valuation: The value of acquired property is determined and an equal share is made in line with these values. Real estate, movable property, and financial assets are valued.<\/p>\n
c. Shared Property Separation Regime and Divorce<\/p>\n
In a shared property separation regime, certain joint properties are shared during the divorce process. In this regime:<\/p>\n
Distribution of Joint Property: Certain properties acquired during the marriage are shared. The value of these properties is determined and shared equally.<\/p>\n
Protection of Personal Property: Personal property is excluded from sharing and remains the personal property of each spouse.<\/p>\n
The shared property separation regime balances the sharing of joint property and the protection of personal property.<\/p>\n
3. Things to Consider in Property Sharing<\/p>\n
Some important points to consider in order to ensure a fair and balanced sharing in the property sharing process are as follows:<\/p>\n
a. Accurate Determination and Valuation of Assets<\/p>\n
In order to ensure a fair distribution in property sharing, assets must be accurately determined and valued. In this process:<\/p>\n
Immovable and Movable Properties: Assets such as real estate, vehicles, furniture are valued.<\/p>\n
Financial Assets: The values \u200b\u200bof bank accounts, stocks, and other financial assets are determined.
\nDebts: The sharing of joint debts is also taken into consideration.<\/p>\n
b. Contributions and Needs of Spouses<\/p>\n
The contributions and needs of spouses should also be taken into consideration during the property sharing process:<\/p>\n
Financial Contributions: The financial contributions provided by the spouses during the marriage are evaluated.
\nDomestic Contributions: Contributions made to housework and childcare<\/p>\n
These may be taken into consideration.<\/p>\n
Future Needs: The spouses’ future financial and social needs are taken into consideration.<\/p>\n
c. Agreed and Court-Decided Distributions<\/p>\n
Agreed solutions in property sharing are generally less stressful and result in a faster time. An agreement can be reached between the spouses and this agreement can be approved by the court. If an agreement cannot be reached, when deciding on the property sharing:<\/p>\n
Fair and Balanced Distribution: The court makes a fair and balanced distribution by protecting the spouses’ rights.
\nSpecial Situations: The spouses’ contributions, needs and other personal situations are taken into account.<\/p>\n
During the divorce process, property sharing is carried out according to the rules determined by the property regimes. Property separation, participation in acquired property and shared property separation regimes determine how property sharing will be carried out during the divorce. Understanding the effects of each regime on the divorce process and the methods of sharing can help ensure a fair and balanced property sharing. Getting legal support and having the property sharing carried out professionally contributes to the smoother and fairer completion of this process.","protected":false},"excerpt":{"rendered":"
The divorce process is an important and complex process regarding the sharing of assets acquired during the marriage. In Turkey, the sharing of assets is determined according to the property regimes applied during the marriage. Property regimes determine how the property will be shared during the divorce. In this article, we will examine the property […]<\/p>\n","protected":false},"author":12,"featured_media":6431,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-6430","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6430","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=6430"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6430\/revisions"}],"predecessor-version":[{"id":7897,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6430\/revisions\/7897"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/6431"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=6430"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=6430"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=6430"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}