Property acquired by inheritance or by a genuine gift is, as a rule, personal property. However, not every asset that comes from the family is a gift, and not every income of personal property is personal value. A genuine sale from the mother or father, a mutual maintenance contract and a transfer from one spouse to the other should be assessed separately.
How Is the True Nature of an Immovable Property Transferred from the Family Understood?
The price written in the land registry transaction, bank payments, the economic situation of the parties and the purpose of the transfer are assessed together. There may be a genuine gift in the guise of a sale, just as a genuine sale may be made between relatives. Kinship alone does not determine the outcome of the review. Where an allegation of a gift changes the property group, the burden of proof of the party raising this allegation is important. [1]
How Can Three Different Calculations Arise in the Same Home?
Hypothetically, a home inherited by a spouse is personal property. Rental income from the home during the regime may be a separate acquired value. A substantial renovation made by the other spouse with his or her own personal savings, for which no consideration was received, may require a review of a share in increased value. In an investment that the same spouse made in his or her own inherited home with income from employment, equalization between the property groups comes onto the agenda. These cannot be reduced to a single “half of the home” calculation.
How Are a Gift and a Loan or Contribution Distinguished?
A spouse’s giving money for property to be bought in the other’s name is not always a gift. Conversely, not every sum of money given in a marriage is a recoverable debt. The description on the receipt, the correspondence of the parties, any contract and conduct after payment are examined together. A gift, a loan and a contribution without consideration give rise to different claims and time limits. The relief sought should be set up in line with this characterization.
Which Records Should Be Prepared for the Review?
Heirship and transfer documents, the gift or sale transaction, the entry of the price into the account, the record of converting foreign currency or gold, the payment for the new property and later investments should be shown in the same timeline. Relying only on the family members’ statement “we had given it” creates a significant gap in proof, especially if the date and amount are disputed.
What Is Personal Property?
Under Article 220 of the Turkish Civil Code, the main items of personal property are as follows:
- Items serving only the personal use of one of the spouses
- Asset values belonging to the spouse at the beginning of the property regime
- Values obtained by inheritance or another gratuitous acquisition
- Claims for non-pecuniary damages
- Values replacing personal property
Is a Home or Vehicle Bought Before the Marriage Divided?
That the property was acquired before the marriage makes it, as a rule, personal property. However, a share in increased value, equalization or another claim may come onto the agenda because of a contribution without consideration made to that property by the other spouse during the marriage, a loan paid during the marriage or the income of the personal property.
Is Property Obtained by Inheritance or Gift Divided?
Inheritance and a gratuitous grant are personal property. Nevertheless:
- To which spouse the grant was actually made
- Whether a family transfer in the guise of a sale is a gift or a genuine sale
- The substitution chain of the new property bought with the gifted value
- Whether the income of personal property was differentiated by contract
- The other spouse’s contribution to this property
must be proven separately.
Is an Immovable Property Transferred from the Family Always a Gift?
No. The sale price in the land registry, the payment movement, the economic situation of the parties, the purpose of the transfer and witness statements are examined together. Transactions between relatives cannot automatically be regarded as simulated or gratuitous. Although there is a discussion in academic literature of a factual presumption concerning such transactions, the assessment of proof is made according to the whole of the specific case.
Is Property Acquired by a Contract of Maintenance Until Death Personal Property?
Because this contract contains mutual performances, the mere fact that a transfer was made from the mother or father does not produce the result of a gift. By whom and from what source the duty of care was actually performed, the true consideration for the grant and any allegation of simulation should be examined.
Frequently Asked Questions
Is a Home Taken Over from the Mother or Father Necessarily Personal Property?
A home taken over from the mother or father may be personal property if it is a genuine gift. If a genuine sale was made and the price was paid from marital earnings, a different result arises. The name of the transaction in the land registry does not by itself resolve the whole discussion; the payment, the intent of the parties and the true nature of the transaction are investigated. The bond of kinship should not be used alone as conclusive proof of a gift.
Is an Immovable Property Acquired in Return for Caring for the Mother or Father Divided?
A contract of maintenance until death is a contract that imposes mutual obligations; the mere fact that it is made with the mother or father does not turn it into an inheritance or a gift. The duty of care, the period of performance, the other spouse’s contribution and the true nature of the transaction are examined. An allegation of simulation or a gift, if any, must also be proven. The liquidation calculation rests on the economic counterpart of the acquisition as much as on the name of the contract.
How Does a Transfer of Immovable Property Between Spouses Affect Later Property Division?
It is determined whether the transfer was a sale, a gift, a payment of debt or the performance of a liquidation agreement. A genuine gift may produce the result of personal property; in an acquisition for consideration, the source of payment is investigated. One spouse’s transferring a title to the other does not mean that he or she has given up all property regime rights. The transfer document, the contract and the money movements should be examined together.
Related Articles
- How Is Property Divided in Divorce? Guide to Property Regime Actions
- Which Property Is Divided in Divorce? Distinguishing Acquired Property and Personal Property
- What Is a Claim for Share in Increased Value? Proof and Calculation of a Contribution to the Spouse’s Asset
- On a Spouse’s Death, Property Division First or Inheritance? Rights of the Surviving Spouse and Heirs
This article is for general legal information. In a specific dispute, the dates of the events, the documents, the type of claim and the time limits are assessed together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu)
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu)