Division of property (mal paylaşımı) is one of the most important legal consequences of the divorce process. How the assets acquired by the spouses during the marriage are divided is determined according to the rules of the matrimonial property regime applied under the Turkish Civil Code (TMK).

A divorce judgment does not mean that all of the parties’ rights in respect of their assets come to an end. The rights that the spouses may have over real estate, vehicles, bank accounts, company shares and other assets acquired during the marriage must be assessed separately.

How Is Property Divided in a Divorce?

In Turkish law, the statutory matrimonial property regime between spouses is the regime of participation in acquired property (edinilmiş mallara katılma rejimi). Under this regime, the nature of the assets acquired during the marriage and the period in which they were acquired are important.

When dividing property, it is first determined which assets are acquired property (edinilmiş mal) and which are personal property (kişisel mal). Not every asset is automatically included in the division. For this reason, the legal nature of the assets must be examined correctly.

In particular, the following may be subject to assessment in the division of property:

homes and other real estate purchased during the marriage,
vehicles,
bank accounts and investments,
company shares,
value derived from commercial businesses,
assets to which a contribution was made.

These may all be relevant in the division of property.

Which Assets Are Included in the Division?

One of the most important issues in division of property cases is which assets will be divided. In general, assets obtained in return for work during the marriage are regarded as acquired property.

By contrast, assets acquired through inheritance, items for personal use and certain assets owned before the marriage may be regarded as personal property.

However, each asset must be examined in light of its own characteristics. The fact that a property is registered in someone’s name does not, on its own, necessarily mean that no one else has rights over it.

The Home, the Car and Other Assets in a Divorce

Among the most common disputes after divorce is the division of the home, vehicles and high-value assets. Particularly for real estate used as the family home, the parties’ contributions, the date of acquisition and the method of payment are important.

Assets registered in the name of one of the spouses may also be included in the division of property if the conditions are met. For this reason, the title deed record or ownership status alone may not be sufficient for the assessment.

Concealment and Transfer of Assets

In some cases during the divorce process, allegations may arise that one of the spouses is trying to reduce or conceal assets or transfer them to third parties.

In such cases, asset movements, transfers and financial relationships must be examined from a legal perspective. Submitting the right evidence in division of property cases is important for establishing the parties’ true rights.

Jewellery and Personal Property

Gold, jewellery and wedding jewellery (ziynet eşyası) are also frequently the subject of disputes in divorce proceedings. Who the jewellery belongs to, how it was used and what its current status is are assessed according to the particular facts of the case.

For this reason, in claims relating to jewellery, the course of events, the parties’ statements and the available evidence must be considered together.

When Is a Division of Property Case Filed?

Division of property claims usually arise after the divorce judgment becomes final. However, each case must be assessed separately with regard to matters such as the end of the property regime, the procedural requirements for the case and the limitation period.

Before filing a division of property case, it is important to identify the existing assets, examine ownership rights and determine the legal method to be followed.

The Importance of Legal Review in the Division of Property

Division of property disputes are not simply about dividing up the existing assets. The parties’ financial contributions during the marriage, the way the assets were acquired and the characteristics of the property regime are assessed together.

Incomplete research or an incorrect legal assessment may prevent the rights the parties may have from being fully established. For this reason, it is important to have a professional legal assessment from the very beginning of the process.

A Legal Roadmap for the Division of Property with Attorney Ezgi Çalışkan

In division of property cases, the financial structure of each family, the nature of the assets acquired and the contributions of the parties differ. Attorney Ezgi Çalışkan works on divorce-related division of property disputes, in legal processes aimed at assessing acquired property and protecting the rights of the parties.

You can contact Attorney Ezgi Çalışkan to have your property rights after divorce assessed and to determine the legal process suited to your situation.