Which Assets Are Divided in a Divorce? Acquired Property and Personal Property

The main criterion that determines the value to be divided in a divorce is not only in whose name the title deed or the bank account is held. The date of acquisition, what was given in return for the acquisition and the source of the money are examined together. Under the participation in acquired property regime, it is possible for personal property itself and the income from that property to fall into different groups. For this reason, each asset must be classified separately.

What sequence is followed when classifying an asset?

First, the regime that applies between the spouses is determined. Then it is investigated whether the asset existed before the regime began, whether it was acquired by inheritance or gift, and, if a price was paid, from which source the payment was made. In the last stage, if the asset is sold or converted into another investment, the value that takes its place is traced. Articles 219–222 of the Turkish Civil Code (TMK) form the basis of this distinction. [1]

Why is the income from personal property examined separately?

An inherited home itself and the rent that the home yields during the regime do not necessarily have the same legal nature. Unless a different basis has been accepted by a valid agreement, the income from personal property is acquired property. On the other hand, it is also not correct to add all past rent collections to the liquidation without investigating living expenses and existing savings. The existing money, the property that has taken its place and the transfers to be added by law are kept distinct.

How should documents be organized in a classification dispute?

For each asset, the sequence “acquisition document–source of payment–later conversion” must be established. For example, where it is claimed that inherited money was first converted into foreign currency and then into a down payment, a certificate of inheritance alone is not enough; the link between the amounts must be shown. The other party, for its part, may argue that this money was spent or that a different source was used for the new acquisition. The review must cover these specific counterarguments as well.

What is acquired property?

According to Article 219 of the Turkish Civil Code, acquired property is an asset value that a spouse obtains by giving consideration while the matrimonial property regime continues. The main examples in the law are:

• Acquisitions that are the consideration for work
• Payments made by social security or social assistance institutions and organizations, or by funds established to assist personnel
• Compensation paid for loss of working capacity
• Income from personal property, unless otherwise agreed by contract
• Values that take the place of acquired property

The mere fact that an asset was registered during the marriage does not end every dispute; the source of the price, a claim of gift or inheritance, loan payments and the chain of substitution are examined separately.

Are salary and professional income acquired property?

Wages, income from independent professional work and earnings that are the consideration for labor during the matrimonial property regime are, as a rule, acquired property. The fact that this income sits in a bank account, is converted into immovable property or is transferred into company capital does not by itself change its nature; being able to trace the flow of money is important.

How are lump-sum social security payments treated?

Article 228 of the Turkish Civil Code provides that the part which, had the payment been made as a lifetime annuity, would correspond to the period after the date on which the matrimonial property regime ended is considered personal property. A lump-sum payment is not automatically accepted as acquired property in its entirety; an actuarial separation is required.

Are private insurance payments acquired property?

The reason for the payment is decisive. It must be examined from which group of property the premiums were paid, whether the insurance involves savings or risk, and whether the reason for the payment is bodily injury, death, loss of property or accumulation of savings. A generalization such as “all insurance payments are personal property,” or the opposite, is not correct.

Are maintenance and pecuniary and non-pecuniary damages included in the liquidation?

Non-pecuniary damages are personal property under Article 220 of the Turkish Civil Code. As for maintenance, which is an ancillary matter of the divorce, and pecuniary damages, the date on which they arose, which loss they compensate and whether they were acquired after the matrimonial property regime ended are assessed separately; an automatic classification based solely on the date of payment should not be made.

Are lottery, betting or gambling prizes acquired property?

In Turkish doctrine and practice, this issue is disputed. It must be assessed from which group of property the ticket or participation fee was paid, whether the winning is to be regarded as a reciprocal or a gratuitous acquisition, and what the nature of the specific acquisition is. Instead of a definitive and exceptionless result in the main guide, a file analysis focused on current case law and sources is needed.

What is personal property?

According to Article 220 of the Turkish Civil Code, the main items of personal property are the following:

• Items that serve exclusively the personal use of one of the spouses
• Asset values that belonged to the spouse at the beginning of the matrimonial property regime
• Values obtained by inheritance or by another gratuitous acquisition
• Claims for non-pecuniary damages
• Values that take the place of personal property

Is a home or vehicle bought before the marriage divided?

The fact that an asset was acquired before the marriage, as a rule, makes it personal property. However, a share in increased value, equalization or another claim may arise because of the other spouse’s gratuitous contribution to that asset during the marriage, loan payments made during the marriage or the income from personal property.

Is property received by inheritance or gift divided?

Inheritance and gratuitous transfers are personal property. Nevertheless, the following must each be proven separately:

• To which spouse the transfer was in fact made
• Whether a family transfer that looks like a sale is a gift or a genuine sale
• The chain of substitution of the new asset bought with the gifted value
• Whether the income from personal property was made different by agreement
• The other spouse’s contribution to this asset

Is immovable property transferred from the family always a gift?

No. The sale price in the title deed, the payment transaction, 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 the academic literature about a factual presumption concerning these transactions, the assessment of evidence is made on the basis of the whole of the specific case.

Is property acquired through a contract of maintenance until death personal property?

Because this contract contains reciprocal performances, the mere fact that a transfer was made from a mother or father does not produce the result of a gift. By whom and from which source the duty of care was actually performed, the real counter-performance of the transfer and the claim of simulation must be examined.

What does the presumption of acquired property in Article 222 of the Turkish Civil Code mean?

The person who claims that a particular asset belongs to one of the spouses must prove the claim. Property whose owner cannot be proven is considered to be in the co-ownership in shares of the spouses. All of a spouse’s property is accepted as acquired property until the contrary is proven.

What does the presumption of acquired property in Article 222 of the Turkish Civil Code mean?

In the decision of the General Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) dated April 24, 2024, Case No. 2023/2-467, Decision No. 2024/199, the presumption of acquired property was applied where the defense that a vehicle proven to have been acquired during the marriage in fact belonged to a third party could not be proven with sufficient evidence. The practical result of the decision is as follows: once the plaintiff shows that the asset was acquired during the regime, the spouse who raises the defense of personal property or third-party ownership must substantiate that exception with evidence.

Frequently asked questions

Which values gained during the marriage are considered acquired property?

Earnings that are the consideration for work, the social security payments specified in the law, compensation for loss of working capacity, income from personal property and the values that take their place may be acquired property. The basic criterion is that the asset was gained by giving consideration while the regime continued. The exceptions of personal property, such as inheritance, gifts and non-pecuniary damages, are reserved. In most situations, the element that enters the calculation is not all past income but the value existing at liquidation or the value to be added by law.

How is the nature of an asset bought right after the wedding determined?

That it was acquired immediately after the marriage is not decisive by itself. If the purchase price came from pre-marriage savings, inheritance or a gift, personal property or mixed financing may be involved. The spouse who asserts this connection must document the movement of the money. A very short marriage also does not by itself remove the right to participation in acquired property; the source of the specific asset and the debts are decisive.

On what grounds can an asset be considered personal property?

Assets owned at the beginning of the regime, inheritance and gratuitous acquisitions, items that serve exclusively personal use, claims for non-pecuniary damages and the values that take their place are personal property by law. Contract provisions permitted by the law may also have an effect. A claim of personal property must be supported by documents. The fact that the asset itself is personal property does not necessarily mean that its income, such as rent or profit, is also personal.

Which assets can spouses designate as personal property by contract?

The law makes it possible for certain values that should fall into acquired property because of professional or business activity, and for the income from personal property, to be treated as personal by contract. This authority is not unlimited. The scope and date of the matrimonial property agreement made before a notary and the limits of Article 221 must be assessed. A general declaration signed later does not in every case eliminate rights of the past period.

Which distinctions matter in dividing a gambling prize?

For a gambling prize, the source of the ticket or participation, the date of winning, the nature of the game and the later use of the money matter. It is not correct to regard the prize in every case as personal, like a gift. On the other hand, a claim of gratuitous acquisition or of substitution by a personal value can be substantiated. Since the law does not contain a special provision that classifies all kinds of gambling in a single sentence, the legal characterization must rest on a clear reasoning.

Related articles

• How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions
• Are Inheritance, Gifts and Property from the Family Divided in a Divorce?
• How Is a Home Bought with a Loan Divided in a Divorce? Down Payment, Installments and Title Deed Share
• How Is the Participation Claim Calculated? Debts, Equalization and Residual Value
• How Are Bank Accounts, Shares and Investment Funds Divided in a Divorce?
• How Are Crypto Assets Identified and Divided in a Divorce?

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.

Sources and legal bases

1. Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medeni Kanunu)
2. Law No. 4722 on the Enforcement and Implementation of the Turkish Civil Code (4722 sayılı Türk Medeni Kanununun Yürürlüğü ve Uygulama Şekli Hakkında Kanun)
3. General Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), Case No. 2023/2-467, Decision No. 2024/199, April 24, 2024