Property Regime and Divorce: Property Separation, Participation in Acquired Property and Sharing
The divorce process is an important and complex process regarding the sharing of property acquired during the marriage. Property sharing in Turkey is determined according to the property regimes applied during the marriage. Property regimes determine how property will be shared during the divorce. In this article, we will examine property regimes, property separation and participation in acquired property regimes in detail and explain how property sharing is carried out.
Property Regimes: Basic Concepts
Property regimes are legal regulations that determine how the assets of the spouses will be managed and shared during the marriage. There are three main property regimes in Turkey:
Property Separation Regime
In the property separation regime, the assets of the spouses are managed independently of each other. Under this regime:
Personal Property: The assets of the spouses are completely separate. Each spouse manages his/her own assets independently and no personal property is shared in the event of divorce.
Debts: Each spouse is responsible for his/her own debts. Joint debts may be taken into account during the property division process.
The property separation regime is generally preferred for situations where the spouses’ assets must be managed completely independently and not shared.
Acquired Property Participation Regime
The acquired property participation regime is the most commonly applied property regime in Turkey. In this regime:
Acquired Property: Properties acquired during the marriage are considered joint. Spouses share assets such as income earned during the marriage, earnings from work, joint housing and vehicles.
Personal Property: Properties owned before marriage, inherited property and personally acquired property are considered personal property and are not shared.
The acquired property participation regime aims to ensure the spouses’ joint contributions and property division in a fair manner.
Shared Property Separation Regime
The shared property separation regime provides a balance between property separation and acquired property participation regime. In this regime:
Joint Property: Certain properties acquired during the marriage are shared. Personal property is excluded from sharing.
Personal Property: The personal property of the spouses is kept separate and excluded from sharing.
The shared property separation regime balances the division of joint property with the separation of personal property.
Divorce and Property Division
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 sharing methods in detail:
Property Division Regime and Divorce
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.
Acquired Property Participation Regime and Divorce
In the acquired property participation regime, the acquired property is shared during the divorce process. The points to be considered in this process are as follows:
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.
Separation of Personal Property: Pre-marriage property, inherited property, and personally acquired property are considered personal property and are not subject to sharing.
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.
Shared Property Separation Regime and Divorce
In a shared property separation regime, certain joint property is shared during the divorce process. In this regime:
Shared Property Separation: Certain property acquired during the marriage is shared. The value of these properties is determined and shared equally.
Protection of Personal Property: Personal property is excluded from sharing and remains the personal property of each spouse.
The shared property separation regime balances the sharing of joint property and the protection of personal property.
Things to Consider in Property Sharing
Here are some important points to consider in order to ensure a fair and balanced sharing in the property sharing process:
Correct Determination and Valuation of Assets
In order to ensure a fair distribution in property sharing, assets must be correctly determined and valued. In this process:
Immovable and Movable Properties: Assets such as real estate, vehicles, furniture are valued.
Financial Assets: The values of bank accounts, stocks, and other financial assets are determined.
Debts: The sharing of joint debts is also taken into consideration.
Contributions and Needs of Spouses
The contributions and needs of spouses should also be taken into consideration during the property sharing process:
Financial Contributions: The financial contributions provided by the spouses during the marriage are evaluated.
Domestic Contributions: E
