The questions below offer a general framework on the regime of participation in acquired property, bank accounts and company shares, and liquidation of the matrimonial property regime. In a specific case, the time limits, documents, and the regulations in force are assessed separately.
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Is a home acquired before the marriage divided under the regime of participation in acquired property?
The fact that a home was acquired before the marriage may lead to its treatment as personal property; however, later contributions may create a separate claim.
The date the immovable was acquired, the source of payment, loan installments, gratuitous transfers, and the claim to a share in increased value should each be assessed separately. Regardless of whose name the title deed is in, not every claim automatically gives rise to a right of half-share ownership.
Do bank accounts and company shares in a divorce fall within property division?
Rights and savings that qualify as acquired property may be taken into account in the liquidation of the matrimonial property regime.
Account transactions, the manner in which the company shares were acquired, the substitution of personal property, and the date the matrimonial property regime ended are important. The company’s assets should not be confused with the value of the spouse’s company shares; a financial expert examination is carried out where necessary.
Does a spouse’s transfer of assets before the divorce prevent liquidation?
Not every transfer removes the claim; the statutory provisions on addition and valuation may apply.
Under Article 229 of the Turkish Civil Code, certain gratuitous transfers and transfers made with the intent of reducing the other spouse’s participation claim may be argued. Title deed and bank records, the date of the transaction, the price, and evidence concerning the other party’s situation are important.
Can liquidation of the matrimonial property regime be filed together with the divorce case?
Although it may be possible to raise the claims together, the outcome of the liquidation is related to the divorce becoming final.
The possibilities of jurisdiction, procedure, severance, or a preliminary issue are assessed according to the nature of the file. The risks of limitation and loss of rights should not be left to waiting for the divorce judgment alone.