Holding crypto-assets in a way that differs from a bank deposit does not leave them outside property division. First it is determined whom the asset belongs to and when and from what source it was acquired; then the valuation and collection method are examined. The discovery of a wallet address does not by itself prove that all the assets visible at that address belong to the spouse or that all of them can actually be collected.
Is a crypto-asset treated as acquired property or personal property?
The Turkish Civil Code does not provide a general exception from the matrimonial property regime for crypto-assets. The distinction between acquisition and source in Articles 219 and 220 of the Code applies to the specific asset. An asset bought with earnings during the regime period, an asset bought with pre-marriage savings and an asset received by inheritance cannot be evaluated in the same legal group. The exchange of one crypto-asset for another, or its conversion into Turkish lira, also requires investigation of the earlier source. [1]
This assessment does not rely on a claim that there is a specific, settled higher-court rule on every crypto product. It is a legal analysis of applying the statute’s asset categories to a new type of asset. The right the product confers, its transaction history and its economic nature must be explained separately in the file.
How is a rise in the price of an asset bought before marriage examined?
The change in market price, the amount received from the sale of the asset, reinvestment, fees paid for transactions and additional assets distributed are separated from one another. The value that replaces a personal asset is not the same as a gain in the nature of income. A mere rise in the price of the asset and a gain arising from labor, new capital or a separate yield-generating transaction raise different questions. It would not be correct to treat the entire increase as acquired property, or the entire yield as personal property, without seeing the type of transaction.
Why does the form of custody matter?
| Form of custody | Record to be investigated | Main practical problem |
|---|---|---|
| Account with a service provider in Türkiye | The account holder’s identity, trading and transfer statements | The request to be directed at the institution and the available protective measure |
| Platform abroad | Incorporation, account agreement, transaction and verification records | Foreign law, service of documents and enforcement of the decision |
| Wallet the person keeps themselves | Addresses, transaction IDs and documents linked to ownership | Power of disposal, access and actual entitlement |
| Structure subject to management by more than one person or entity | Authority agreement and transaction approval records | Separating technical control over the address from ownership |
The public lists of the Capital Markets Board (SPK) can be used to investigate an institution’s legal status. Statements on being listed, permission and authorization should be checked against the current record; a list of names alone should not be used in a way that leads to the conclusion that all activities are permitted. [5]
How is it shown that a wallet address belongs to the spouse?
The link between an address and a person is evaluated through different pieces of information, such as a transfer from an account to the wallet, the service provider’s identity record, the person’s lawfully obtained statement and transaction records. A public transaction record does not always reveal a person’s identity by itself. The possibility that the address holds amounts belonging to other people, temporary custody or business activity must also be examined.
A technical examination report must show the data source it used, the transaction date, the network information and the document on which the identity link is based. Treating an address merely as “probably the spouse’s” and linking it to concrete records have different evidentiary value. A probability stated in the report should not be conveyed as definite information.
What information can be given to the attorney?
- The name of the known platform and the transfer information visible in the person’s own records.
- The dates and amounts of transactions from the bank to the platform or from the platform to the bank.
- Lawfully obtained account statements and transaction documents.
- The known public wallet address, the transaction ID and how this information was learned.
- The originals of relevant correspondence and their date information.
Private keys, recovery words and account passwords should not be written into an open web form, a general email chain or an article comment. The access method needed for document review, secure communication and the limits of authority should be determined separately.
Are an injunction decision and the actual protection of the asset the same stage?
The interim injunction provisions of the Code of Civil Procedure and, depending on the nature of the request, the routes in enforcement law are considered. The request must explain against which asset, which person or institution, on what ground and to what extent it is directed. An indefinite request to “freeze all crypto-assets” may not provide effective protection unless the addressee against whom it will be enforced and the asset are identified. [2, 4]
Being able to apply a transaction restriction on an account controlled by a service provider is different from preventing actual disposal of a wallet the person keeps themselves. The existence of a legal decision does not mean that a central authority can act automatically across all networks. For institutions abroad, an examination of international procedure and foreign law may be required. [3]
Which questions must a valuation report answer?
The type and quantity of the asset existing on the date the regime ended, its source of acquisition, related debt, later transfers and the valuation date are clearly separated. The price source used, the market on which transactions can be made, the currency and the calculation method are shown in the report. If there is rapid price change, low trading volume or a restriction on sale, the effect of these on value is explained with reasons.
Can assets pegged to another currency be treated as risk-free?
The name of a product that aims to be pegged to a value does not prove that redemption will always be made at that value. The right against the issuer, the redemption condition, the actual trading price and the custody relationship must be examined. The liquidation report should be based on the economic value of the specific right and the existing asset instead of marketing language.
How is the same transfer prevented from being counted twice?
The same asset moved from a platform account opened in the person’s name to a personal wallet should not be added up as two independent investments. The amount transferred, the transaction cost, the remaining balance and the proceeds of the later sale are tracked together. Failing to link the cash outflow, the crypto inflow and the sale price may artificially inflate the liquidation amount.
What happens if the asset has been transferred or lost?
A genuine market loss, an unauthorized third-party transaction, loss of access and a transfer aimed at reducing the other spouse’s claim cannot be treated as the same. The documents of the alleged loss and the time of the transaction are investigated. If the conditions of Article 229 of the Turkish Civil Code are met, the value to be added is considered. The inability to find the asset is neither automatic proof of bad faith nor a sufficient explanation that ends the examination. [1]
The collection plan should be set up at the start of the case
Identifying the crypto-asset, calculating the claim and enforcing the judgment are separate steps that follow one another. A judgment awarding a monetary claim at the end of the case is not the same as a request that a particular asset be delivered in kind. The legal basis of the request, the debtor’s other assets, the available injunction and the conditions of enforcement in a foreign country should be addressed together. A well-prepared file should explain not only where the wallet is but also how the desired legal result will be enforced.
Do crypto-assets, foreign currency and digital accounts enter liquidation?
A crypto-asset has no special exception from the matrimonial property regime. Depending on the acquisition date and the source of financing, it may be acquired or personal property. Custodian records, bank transfers, exchange trading history, wallet addresses and on-chain data should be included in the evidence plan. Obtaining private keys unlawfully or uncontrolled dissemination of personal data may give rise to separate liability.
For foreign currency as well, the source and time of acquisition are determined; in the liquidation calculation, the exchange-rate date and the nature of the asset are different questions. Particularly in times of high inflation and long trial periods, the valuation method closest to the date of the decision must be established with reasons.
Are NFTs, game inventories and social media accounts treated as economic value?
An NFT, an in-game asset, a domain name, a digital store, a YouTube/TikTok/Twitch channel or an advertising account is not a uniform type of asset. In one file there may be a transferable digital asset; in another only an account specific to the person that cannot be transferred under the platform agreement; in yet another a business, a trademark, copyright and a stream of income. The following items should be examined separately:
- Advertising, subscription, sponsorship and license income accrued and paid during the regime period
- The transferability of the account and the platform terms of use
- The separate economic value of the brand, the content archive, the domain name and the customer base
- Future labor and reputation tied to the content creator’s personality that cannot be transferred
- Platform, tax, bank, advertising panel and intellectual property records
Future income from personal labor cannot be added to liquidation today; on the other hand, a digital business that exists at the cut-off date, is transferable and generates income cannot be treated as worthless by calling it “just a social media account.”
How is property transferred to an offshore account, a foreign foundation or a trust structure traced?
The absence of a domestic trust institution in the Anglo-Saxon sense in Turkish law does not mean that a foreign trust or foundation structure will be disregarded. The incorporation documents, the applicable law, the status as settlor/trustee/beneficiary, the power of revocation and management, the beneficial owner, the right of distribution and the date of transfer are investigated.
Article 229/2 of the Turkish Civil Code may allow the value of a transfer made with the intent to reduce the participation claim to be added to the liquidation calculation. However, recovery of the asset in kind from a foreign legal entity, or a claim against a third party under Article 241 of the Turkish Civil Code, is set up separately in terms of the international jurisdiction of the Turkish courts, service of documents, the applicable law, the one-year and five-year time limits, the beneficiary’s defense and enforcement in the foreign country. The label “offshore” is not by itself proof of simulation (muvazaa).
Related articles: How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions; How Are Bank Accounts, Shares and Investment Funds Divided in a Divorce?; How Can Diverting Assets Be Prevented in a Divorce? Interim Injunction and Transfer to a Third Party; How Are Assets Investigated in a Property Division Case? Bank, Land Registry and Other Evidence; Property Division in Türkiye for Spouses Divorced Abroad: Applicable Law and Recognition.
Frequently asked questions
Do crypto-assets remain outside property division in a divorce?
No. The time of acquisition, source, ownership and the applicable matrimonial property regime are investigated. Holding an asset as a crypto-asset does not by itself create personal property status or an exemption from division.
Does knowing the wallet address prove that the entire balance belongs to my spouse?
The link between the address and the person must be established separately. A public transaction record may not by itself show that the entire balance belongs to the spouse. Identity records, bank transfers and other lawful documents are evaluated together.
Can the court automatically freeze all crypto wallets?
It must be determined through which asset and addressee the decision will be enforced. An account with a service provider and a wallet the person keeps themselves are different. The actual enforcement of a legal measure depends on the conditions of technical control and authority.
Can I obtain crypto records by using my spouse’s password?
A property division claim does not make unauthorized access lawful. Lawful records in your own possession should be preserved; other records should be requested through the appropriate procedure. Passwords and private keys should not be included in general document sharing.
At what price is the value of a crypto-asset calculated?
The nature of the asset, the relevant date, the quantity, the market on which transactions can be made and the valuation method are determined together. A price on a single screenshot may not be sufficient. The expert must explain the price source and the reasoning of the calculation.
Documents for preparing for the consultation
To record your assets and debts separately, organize the dates of events and identify missing documents, you can use an asset and debt inventory, a chronology of event and payment dates, and a preparation form for the first attorney consultation. These working documents do not by themselves create a lawsuit or a legal time-limit calculation.
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 evaluated together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medeni Kanunu)
- Law No. 6100, Code of Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu)
- Law No. 5718 on Private International and Procedural Law (5718 sayılı Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun)
- Law No. 2004, Enforcement and Bankruptcy Law (2004 sayılı İcra ve İflas Kanunu)
- Capital Markets Board (Sermaye Piyasası Kurulu), crypto-asset service providers