Urban transformation or construction in return for flats does not by itself change the source of the old asset. The nature of the land, the right to the new independent unit and the additional financing must be examined separately. If the divorce action was filed while construction was ongoing, an account cannot be drawn up as if the entire value of a completed flat existed at the end of the regime.
How are the land, the contractual right and the completed flat separated?
First, it is determined to which spouse the land belongs, since which date and on what legal ground. Then the contract made with the contractor, the units allocated, the land shares transferred and the delivery conditions are investigated. When the regime ends, the economic value at hand may not yet be an independent unit but a contractual claim subject to certain conditions.
What consequences can additional payments have?
If an additional payment was made together with the flat given in return for personal land, the source of that payment matters. If the same spouse’s employment income was used, equalization may come into question; if the other spouse made a contribution without consideration, a share in the increased value may come into question. The legal nature of state support, a loan or rent assistance must also be determined separately. Not every payment is automatically recorded in the same group of assets. [1]
How should the level of construction be documented?
The municipal file, the permit, progress payments, the delivery record, dated photographs and the contractor’s records can be used. The court-appointed expert is asked to separate the level at the end of the regime from the work done later. The cost price is not in every case equal to the market value. The contractor’s default or the possibility of termination of the contract may affect the economic value.
What is the limit with respect to a structure without a permit?
Investigating the economic value in the liquidation account does not make the structure lawful or registered in the land registry. Who holds the right over the land, and the risks of demolition and use, must be examined. A building registration certificate (yapı kayıt belgesi) likewise does not by itself resolve all ownership and zoning problems. In these files, immovable property law and the matrimonial property account are assessed together.
Practical example
Suppose that land owned before the marriage entered the transformation, that an additional payment was made for the new flat during the marriage, and that higher-quality work was completed after the divorce action. These three stages must be documented separately. Just as the personal nature of the first source does not make all later investments invisible, acquiring a flat later does not turn the whole of the land into acquired property.
How are immovable property, loans and mixed financing calculated?
How are unauthorized structures, construction in return for a land share and urban transformation assessed?
The lack of a permit or a land registry problem does not by itself eliminate economic value. Ownership of the land, the actual level of the structure, the zoning status, the right arising from the contract, the shares transferred to the contractor, and the legal and factual situation at the date of the decision are assessed together. In urban transformation, the personal or acquired nature of the old immovable property is analyzed with respect to the proportions in which state support, loans and additional payments are carried over to the new independent unit.
In construction in return for a land share, if no servitude of floor ownership (kat irtifakı) had yet been established or construction had not been completed on the date the regime ended, a completed flat is not always entered on the balance sheet. The landowner’s personal right against the contractor arising from the contract, the level of construction, default, an action for termination/adaptation, the share transferred to the contractor and the likelihood of delivery are valued. The pending action may be treated as a preliminary question pending which the case is stayed; where necessary, the economic value is calculated in scenarios by construction, real estate and obligations law specialists.
The building registration certificate is not a title document that by itself makes the structure subject to condominium ownership and fully compliant with zoning legislation. For an actual structure on a parcel that appears as land in the land registry, the following are requested: the municipal permit/house numbering, property tax, electricity/water subscriptions, the municipal executive committee (encümen), building registration, satellite/photograph records, and construction expenditure records. If the sources of the land and of the structure on it differ, equalization or a share in the increased value is established separately.
Frequently asked questions
Can the value of a structure without a permit be taken into account in property division?
It is possible for a structure without a permit to have economic value; however, the liquidation account does not give the unauthorized structure a permit or a right of ownership. The owner of the land, the legal status of the structure, the risk of demolition, the possibility of use and the expenses are assessed. The court-appointed expert should explain not only the construction cost but the real legal and economic situation of the immovable property. For a structure on a third party’s land, the ground for the claim is determined separately.
How is the nature of flats obtained through construction in return for flats determined?
If the land is personal property, the principle of value substituting for personal property is examined with respect to the source of the independent units acquired in return for it. However, additional money, investment during the marriage or the other spouse’s contribution without consideration may require a separate account. All the flats should not be recorded in the same group of assets without evaluating together the contract, the document of acquisition of the land, the distribution of independent units and the records of additional payments.
How are the new flat received after urban transformation and the additional payments made assessed?
Transformation does not by itself erase the personal or acquired nature of the previous immovable property. The value of the old immovable property, the allocation of the new unit, additional payments, loans and any support are separated. Investment made after the regime ended is likewise not added as it stands to the account of the earlier period. The old and new land registry records, the transformation contract and the payment schedule should be tracked on the same table.
Related articles
- How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions
- Which Assets Are Divided in a Divorce? Distinguishing Acquired Property from Personal Property
- How Is a Home Bought with a Loan Divided in a Divorce? Down Payment, Installments and Share in the Title
- Valuation Date and Objecting to the Expert Report in Property Division
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 assessed together.