An asset investigation is not unlimited access to all unknown private data. The record requested from the court must be tied to a specific asset, period or allegation. The aim is to explain the acquisition, financing, transfer and nature of the asset with lawfully obtained evidence.
How is an investigation request made specific?
Instead of “investigate all banks,” the known account, payment, date range and the event to be proven should be stated. Where the institution is not known, the available clues and the appropriate official inquiry routes are explained. A request that records be obtained does not replace a party’s own account of the events. The petition should show on what ground the asset is to enter liquidation. [1, 2]
| Event to be investigated | Priority record | Point to check |
|---|---|---|
| Acquisition and transfer of immovable property | Land registry record with history and official transaction document | Price, date, share and transferee |
| Acquisition of a vehicle | Traffic registration and payment document | Relationship between registration and financing |
| Company share | Trade registry, share ledger, financial records | Separation of the share from the company’s assets |
| Personal source | Inheritance, gift, earlier sale and bank movement | Uninterrupted link to the new asset |
| Deposits | Account statement for a specific period | Transfer, consumption and substitute value |
How is the risk of unlawful evidence avoided?
Obtaining a spouse’s password or accessing their account without authorization does not become permissible merely because a property division claim exists. Lawful correspondence, documents and records that you hold yourself should be preserved; third-party records should be requested from the court through the appropriate procedure. Because the date, source and integrity of a screenshot can be disputed, a link to the original record should be established where possible.
What does a missing record mean?
Failure to find an old record at one institution does not conclusively show that the transaction never took place. Other evidence, such as the record at the counterparty bank, the sale file, an accounting document or a witness, may be investigated. On the other hand, a gap cannot be filled with documents of uncertain authenticity. Where there is a risk that the evidence will be lost, the conditions for preservation of evidence are considered.
Why should the burden of proof be set out separately?
Whom an asset belongs to and whether it counts as personal property are different claims. A presumption that a spouse’s property is acquired property does not mean that the person asserting a contribution is relieved of the burden of proving all the elements of the contribution. It is useful to prepare a “claim–counterclaim–document–burden of proof” table for each dispute.
How is evidence collected and how is the burden of proof distributed?
Which facts must the plaintiff and the defendant prove?
| Point in dispute | For the spouse making the claim | For the spouse opposing the claim |
|---|---|---|
| Whether the asset enters liquidation | Makes specific the existence of the asset, its ownership and its link to acquisition during the regime period. | Documents the defense of personal property, third-party ownership or acquisition outside the regime. |
| Source of personal property | May show that the money trail in the other spouse’s personal property defense is broken or that no gift claim exists. | Documents an uninterrupted chain of inheritance, gift, pre-marriage value or substitution. |
| Credit and debt | Sets out the actual balance at the cut-off date and the payment periods. | Proves the relationship of the debt to the asset, its genuineness and later payments. |
| Share in increased value | Shows the amount of the contribution, that it was made without consideration and the value relationship with the asset. | Substantiates the defense of a gift, repayment, appropriate consideration or the absence of a contribution. |
| Diverting assets | Presents the facts of transfer, absence of consideration, intent to reduce the claim, timing and closeness of the parties. | Shows a genuine sale, market price, payment and an ordinary economic reason. |
| Company value | Investigates share ownership, income, the shareholder’s current account and in-company disposals. | Shows the legal entity, debt, reserves, transferability restrictions and value tied to the person. |
| Money used or disposed of | Proves the value existing at the cut-off date or the conditions for adding value. | Shows ordinary consumption, debt payment or a genuine decrease before the regime ended. |
| Set-off (takas) and offsetting (mahsup) | Evaluates the existence and maturity of the counterclaim. | Raises the claim that requires offsetting or a counterclaim in time and expressly. |
The presumption of acquired property in Article 222 of the Turkish Civil Code does not remove the parties’ burden of presenting facts and evidence. The court evaluates which asset was acquired, in which period and from which source on the basis of the facts put forward by the parties and the records obtained.
How is the flow of money proven if the retention period for a bank or Central Securities Depository record has expired?
Banks and financial institutions have retention periods arising from statutes, tax/audit legislation and their own archive policies; no assumption of a “single, unlimited ten-year period” should be made for every type of data. If the old record cannot be found, obtaining the written reply is also part of the evidence plan. The money trail can be reconstructed from the following ancillary sources:
- The EFT/wire transfer record and bank receipt number at the counterparty bank or account holder
- The loan file, appraisal, mortgage and payoff letter
- The price, revolving fund and fee declaration in the official deed at the land registry
- Tax returns, balance sheets, trial balances, Ba/Bs forms and inspection/assessment records
- Records of notaries, insurers, real estate agents, cooperatives, contractors and sellers or buyers
- Emails/correspondence, initial evidence (delil başlangıcı) and a witness supporting the event
The Central Bank of the Republic of Türkiye (TCMB) is not a central archive that keeps all old account statements of retail bank customers. The inquiry letter (müzekkere) should be framed not as “investigate everything at all banks” but, where possible, by specifying the bank, branch/IBAN, period, transaction type and the fact to be proven. The record of the Central Securities Depository (Merkezi Kayıt Kuruluşu) should also be supplemented with investment firm statements, clearing/custody movements and issuer records.
How is property held under a borrowed name (nam-ı müstear) or purchased in a relative’s name proven?
An asset that appears in the official record in the name of a mother, sibling, business associate or other third party is not automatically treated as the spouse’s property merely because the price may have been paid by the spouse. Rectification of the title/registration, the rights of the fiduciary transferor (inanan), simulation (muvazaa), Articles 229–241 of the Turkish Civil Code and a calculation of a purely monetary claim are different claims; the right of the registered owner to take part in the case and to defend is preserved.
Under the evidentiary regime of Articles 200–203 of the Code of Civil Procedure:
- In transactions between spouses, descendants and ascendants, siblings and relatives listed in the statute, the witness exception in Article 203/1-a of the Code of Civil Procedure may come into play.
- A third party’s allegation of simulation may be proven by witness under Article 203/1-d of the Code of Civil Procedure; however, whether the plaintiff is a party to the transaction and which kind of simulation is alleged are decisive.
- Who paid the price, possession, rental income, tax/expense payments, who used the asset, recent transfers and the economic power of the parties are evaluated together.
The presumption of acquired property in Article 222 of the Turkish Civil Code is not a presumption that every asset registered in a third party’s name belongs to the spouse. The spouse’s actual ownership or economic right must first be established with concrete evidence.
How is evidence collected and how is the burden of proof distributed?
Basic evidence map
| Dispute | Priority evidence |
|---|---|
| Chain of acquisition and transfer of immovable property | Land registry record with history, official deed, bank and loan records, municipal/zoning file |
| Vehicle | Traffic registration history, financing agreement, payment and comprehensive insurance records |
| Bank and investment account | Opening and closing, complete account statement, internal transfer/EFT details, investment custody records |
| Company and share | Trade registry, share ledger, general assembly, tax return, balance sheet, trial balance, shareholder’s current account |
| Crypto-asset | Exchange account history, bank transfers, wallet address, on-chain transactions and expert examination |
| Inheritance/gift | Certificate of inheritance, transfer, gift agreement, decedent’s account, sale and substitution chain |
| Credit and personal contribution | Down payment, payment plan, bank receipt, sale price, currency exchange and transfer records |
| Diverting assets | Transfer date, movement of the price, kinship, possession, rent, advertisement and communication records |
| Gold jewelry (ziynet) | Wedding video/photographs, jewelry list, jeweler records, witnesses and correspondence |
Does the court investigate the assets on its own initiative?
A matrimonial property regime action is, as a rule, subject to the party presentation principle (hazırlama ilkesi). The court is not obliged to investigate on its own initiative, without limit, all assets that have not been put forward at all. The party must specify from which institution, for which period and which records are to be requested. The judge’s duty to clarify the case does not replace the burden of making claims and presenting facts.
Can records be requested from the employer, banks and public institutions?
Yes. Article 219 et seq. of the Code of Civil Procedure, inquiry letters and the routes for production of documents held by third parties may be used. Records of the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro), traffic authorities, banks, the Central Securities Depository, the trade registry, the tax office, the Social Security Institution (Sosyal Güvenlik Kurumu), the municipality, notaries and the relevant company should be requested by specifying the specific period and type of data.
Can MASAK and tax records be requested for unregistered wealth?
The contradiction between a spouse’s declared income and an unexplained asset can be made specific through tax returns, commercial books, land registry/vehicle acquisitions, bank and investment movements, shareholder current accounts and, where they exist, tax inspection/assessment committee reports. An ex officio assessment/estimation under Article 30 of the Tax Procedure Law (VUK) or a tax inspection report does not by itself settle which spouse an asset belongs to or which asset group it falls into; however, it can be ancillary evidence on the flow of income and wealth.
The Financial Crimes Investigation Board (MASAK) is not a general “discovery body” that carries out an unlimited asset investigation for a family court in place of a party. Financial intelligence data is subject to special statutes, duties, confidentiality and sharing limits. If there are concrete facts and a need, the court may request specific information from the relevant institution; however, the priority route is a proportionate inquiry letter directed at the direct record holder, such as banks, the tax office, the Central Securities Depository, the trade registry and the land registry. A “standard of living inquiry” cannot be turned into a general evidence sweep without a legal basis and specificity.
When is preservation of evidence needed?
If there is a risk of deletion, alteration or later difficulty in obtaining the evidence, preservation of evidence may be considered under Article 400 et seq. of the Code of Civil Procedure. Delay can cause serious loss, particularly with temporary digital records, company systems, crypto transaction data, a structure about to be demolished, rapidly changing business inventories and camera footage whose retention period is about to expire.
How is evidence collected in compliance with personal data protection law?
A person should not crack a spouse’s password, enter a hidden account without authorization or disseminate third parties’ personal data in bulk. Documents in hand should be used only to the extent relevant to the dispute; third parties’ identity, health and financial data should be masked as far as possible; and the complete records should be requested to be obtained through the court. There is a risk that evidence obtained unlawfully will be evaluated, and also a risk of criminal/civil liability.
How is the evidentiary integrity of WhatsApp, email and screenshots protected?
Article 199 of the Code of Civil Procedure treats electronic data and image/audio recordings as documents; however, a screenshot alone does not always prove the source, integrity and attribution to the other party. Where possible:
- Not only a selected sentence of the conversation but the date/time and context are preserved.
- The original device and file are not deleted; the export file, header information, the email header and the file hash are kept.
- Third-party data is masked; the court may examine the original in a closed review when necessary.
- A notarial record does not automatically prove the authenticity of the content; it only records the situation seen at a given moment.
- If attribution is denied, a device/computer examination and an expert report are requested.
Under Article 189/2 of the Code of Civil Procedure, evidence obtained unlawfully cannot be taken into account. Living in a shared residence does not give a general permission to crack a spouse’s password or enter a closed account. Installing spyware, unauthorized access to an email/bank/crypto account, recording communications or disseminating data may, depending on the circumstances, give rise to liability under Articles 132, 134, 135–136 and 243–245 of the Turkish Criminal Code (TCK) and under personal data protection law. The correct route is to make the known account specific and to request the record through the court.
Frequently asked questions
Can the ownership and nature of assets be determined before liquidation begins?
Spouses may request that an official inventory be drawn up; for evidence at risk of being lost, preservation of evidence may be considered. In a stand-alone declaratory action, on the other hand, a current legal interest is required and the request must be directed at a right or legal relationship. Merely wanting to learn the value of every asset now does not open every route to a determination. A determination is not a payment order issued as though all the conditions of the liquidation claim had been met.
How is the allegation that an asset registered in my spouse’s name actually belongs to someone else examined?
Land registry or other registry records provide strong initial data; the legal ground and the evidence for a claim contrary to them must be explained. A statement such as “it was put in my name in trust” is not accepted as sufficient by itself. If the third party’s claim of right requires separate proceedings, a stay pending a preliminary question and notice of the action to the third party (davanın ihbarı) are considered. The calculation is not automatically reduced on the basis of an unproven third-party claim.
What evidence is needed to show the acquisition of an asset and the source of the money?
For the acquisition date, the land registry, traffic or trade registry is investigated; for financing, bank movements, the loan agreement, and inheritance and sale documents. It must be explained which asset and payment a document is connected with. Witnesses, messages and contracts may also be used depending on the specific case. Instead of entering a spouse’s private account without permission, requesting from the court the records of a specific institution and period is the lawful route.
Who bears the burden of proving that an asset is personal or acquired?
The person who asserts that a particular asset belongs to them proves it. If ownership cannot be proven, the presumption of co-ownership in shares comes into play; if it cannot be proven that a spouse’s asset is personal, the presumption of acquired property comes into play. These two presumptions are not the same. A spouse who raises a personal-source defense must show the money link between the sale of the old asset and the acquisition of the new one.
Related articles
- How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions
- How Can Diverting Assets Be Prevented in a Divorce? Interim Injunction and Transfer to a Third Party
- Valuation Date in Property Division and Objecting to the Expert Report
- How Is a Property Division Action Filed? Court, Type of Action, Fees and Claims
- How Are Bank Accounts, Shares and Investment Funds Divided in a Divorce?
- How Are Crypto-Assets Identified and Divided in a Divorce?
- Economic Violence and Secure Document Collection in Property Division: How Are Rights Protected?
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.