When dividing property in marriages before 2002, it should be remembered that a single marriage may contain different regime periods. In the separation of property period, a concrete contribution is investigated instead of an automatic half share. The rules on participation in acquired property that apply after January 1, 2002 cannot be applied indiscriminately to the earlier period. [2]
Why is the date of the title deed not always sufficient?
In a cooperative membership or an acquisition by instalments, the economic acquisition and the payment process may begin before the registration of title. A home whose price was paid in 1999 and whose title deed was issued in 2004 is not the same as a home that began in 1999 and was financed from different sources until 2004. The contract, delivery, membership and payment records are evaluated together.
How is a concrete contribution shown?
A specific money payment, savings from regular income or a direct economic labor contribution to the acquisition of the asset may be investigated. The absence of old bank records does not remove all possibilities of proof; employment, sale, inheritance and cooperative documents and witnesses may be used together. However, a general claim of having worked, without a link to the acquisition of the asset, is not sufficient on its own.
How is labor within the home distinguished from income-generating work?
Housework and child care are valuable in sustaining the marital union. Even so, under the old separation of property system, this fact alone does not create an automatic contribution claim for every asset. Unpaid economic work in the other spouse’s business or a concrete contribution to agricultural production may be examined separately. The right of the non-working spouse under the participation regime and proof of a contribution in the old period should not be confused with each other.
The limits of calculating a contribution from income
Incomes, compulsory expenses, the obligations of the period and the capacity to save must be determined. Relating each spouse’s salary directly to the price of the asset may overlook family expenses and the payment period. If a contribution has been proved but its amount cannot be fully determined, the basis of the court’s discretion must be explained; an amount cannot be created from mere equity without any proof of a contribution.
The period outside marriage
An investment made during an engagement or in a relationship outside marriage does not automatically enter the liquidation of the property regime. Other grounds such as partnership, a loan or unjust enrichment are investigated. This distinction may change the competent court, the statute of limitations and the calculation method.
How is a contribution claim before January 1, 2002 evaluated?
How are pre-marital and extra-marital contributions distinguished?
The legal ground and proof of contributions outside a valid marriage are examined separately. These distinctions are explained in the article Property and contribution claims of unmarried cohabiting partners.
How is a contribution claim before January 1, 2002 evaluated?
In the old separation of property period, ownership of an asset belongs, as a rule, to the person in whose name it is registered. The other spouse may claim a contribution claim if he or she proves a monetary contribution, or one measurable in money, to the acquisition or improvement of the asset.
Do housework and child care alone create a contribution claim?
In the Court of Cassation’s classic practice, it has not been accepted that ordinary obligations arising from the marital union, such as housework and child care, are by themselves a direct monetary contribution for a pre-2002 contribution claim. This area is debated with respect to proof and the valuation of labor; the concrete contribution and the legal ground must be explained separately. In a specific file, paid work, income left to the family budget, the financing of the asset and the rate of savings must be investigated separately.
What happens if the existence of a contribution is proved but its proportion cannot be determined?
The court should not reject a proved contribution entirely merely because the percentage could not be determined precisely; it should make an evaluation with the available data, incomes, living expenses and the rules of equity. However, an abstract claim that “we lived together” does not by itself prove a monetary contribution.
Frequently asked questions
For which period and property regime does a contribution claim arise?
A contribution claim arises particularly in the separation of property period before January 1, 2002, because of a spouse’s concrete contribution to the other’s acquisition of an asset. It does not give an automatic half share in every marriage. If separation of property was later chosen by contract, the claims of that period must also be examined with their legal bases. The date of acquisition, the form of the contribution, income and the capacity to save are decisive.
On which dates and facts does the difference between a contribution claim and a share in increased value depend?
A contribution claim concerns the compensation for a concrete contribution in the separation of property period. A share in increased value, on the other hand, is specially regulated in the Code for a contribution to the other spouse’s asset under the regime of participation in acquired property. Differences may arise with respect to valuation, loss of value and interest. If payments for the same immovable property were made in different periods, a period-by-period calculation should be made instead of adding all the payments together under a single name.
How is a contribution to the other spouse’s share in a jointly titled asset before 2002 examined?
A joint title deed shows each spouse’s share. If one spouse also financed the other’s share, a contribution claim may be examined separately; however, the price of one’s own ownership share is not counted again as a claim. The intention to make a gift and the agreement between the spouses are important. In particular, a share-by-share calculation should be made by evaluating records from earlier dates, income and payment evidence together.
How can a contribution made at an earlier date be proved without a bank record?
The absence of a bank record does not mean that the contribution can never be proved. Income and employment records, sale or inheritance documents, the cooperative file, witnesses and period payment information may be examined together. The exceptions to the rule of proof by written instrument are also important for transactions between spouses. Nevertheless, an abstract statement such as “he was working” does not by itself prove all the elements of a contribution to the financing of a particular asset.
Under what conditions can a property contribution made during a period of living apart be claimed?
Living apart in fact does not by itself end the property regime. For this reason, the regime on the date of payment and whether a divorce action has been filed are determined. In a contribution subject to separation of property, a concrete payment or labor with economic value must be proved. A payment after the regime has ended may give rise to a different debt or contribution relationship; all periods are not merged into the same calculation.
How is the contribution ratio found in calculating a contribution claim?
The contribution ratio may be determined by relating the proved contribution to the acquisition price of the asset or the relevant investment price. If there are several acquisition stages and savings from income, a period-by-period calculation is needed. Multiplying the historical price indiscriminately by present-day purchasing power is not a method on its own. The expert must explain the documents used and how the ratio was found, and must show the relevant valuation date of the asset to which the contribution was made.
How is the contribution of a spouse who says that he or she gave a specific amount of money calculated?
For a specific money contribution, the link between the payment and the acquisition of the asset is first proved. In determining the contribution ratio, the acquisition or investment price on the date of payment is important; the result is applied to the asset at the appropriate valuation date. If the money was lent or the contribution was given as a gift, the legal result may change. The same amount should not be collected twice, both as a return of jewelry (ziynet) and as a contribution claim.
What must a person who contributed to the other spouse’s acquisition of an asset with regular income prove?
Besides earning regular income, the savings that could be transferred from this income to the acquisition of the asset and the concrete link are examined. The income period, family expenses, other debts and the payment schedule of the asset must be shown. It is not assumed that the working spouse’s entire income was automatically invested in the other spouse’s asset. The rules on contributing to family expenses in the old period and the concrete living conditions matter in the calculation.
How are the spouses’ incomes and savings converted into a contribution ratio?
First, the parties’ incomes and compulsory expenses in the relevant period are determined; the contribution ratio is investigated on the basis of the actual capacity to save. Using precise percentages without documents, or accepting a fifty-fifty contribution in every file, is not correct. Missing records can be supplemented with other evidence. The expert must show the assumptions clearly; the court must not leave the legal evaluation entirely to the accounting expert.
How is the value of a contribution made by labor, as opposed to money, examined?
Labor that has economic value, such as work in construction, production in a business or agricultural activity, can be made concrete. The duration and nature of the work, whether payment was received and its effect on the acquisition of the asset are investigated. Not every domestic task is counted as a monetary contribution in the same way. Instead of witnesses’ general opinion, the work they saw, the period and the scope of the work should be explained.
What kind of evaluation is made if a contribution is proved but its amount cannot be determined?
If the existence of the contribution has been proved but its exact amount cannot be determined despite all the investigation, the provisions on equity and on determining the amount of damage may come into play. This does not mean that the court freely creates an amount without any proof of a contribution. First, the accessible evidence of income, acquisition, payment and witnesses must be evaluated. The basis of the discretion and the limits of the calculation must be explained in the decision.
If the asset to which a contribution was made has been sold or consumed, from what angle is the claim evaluated?
The sale of the asset does not automatically end every contribution claim. The legal ground of the contribution, the date of sale, the fate of the price and the date the claim became due are examined. The special equity provision concerning the share in increased value should not be copied without explanation to all contribution claims in the separation of property period. The consumption of the sale price and the contribution having been given as a gift are not the same legal situation either.
On what legal basis are contributions made during an engagement or in a relationship outside marriage claimed?
The regime of participation in acquired property in marriage does not automatically apply to contributions outside marriage. Legal grounds such as partnership, a loan, unjust enrichment, ownership or a fiduciary transaction are investigated. The special provisions on the breaking off of an engagement may also matter depending on the specific case. The source of the money, the parties’ purpose, the agreement and the payment documents determine the court, the time limit and the form of the claim.
Related articles
- How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions
- How Is a Home Bought with a Loan Divided in a Divorce? Down Payment, Instalments and the Title Share
- What Is a Share in Increased Value Claim? Proving and Calculating a Contribution to a Spouse’s Property
- The Statute of Limitations in a Property Division Action: Starting Date and Risks of Loss of Rights
- Property and Contribution Claims of Unmarried Cohabiting Partners
This article is for general legal information. In a specific dispute, the dates of events, the documents, the type of claim and the time limits are evaluated together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu)
- Law No. 4722 on the Effective Date and Manner of Application of the Turkish Civil Code (Türk Medeni Kanununun Yürürlüğü ve Uygulama Şekli Hakkında Kanun)
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu)
- Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu)