DIVISION OF PROPERTY

In Turkish law, regime of participation in acquired property accept as a legal property regime. In other words, the spouses should divide the goods obtained during the marriage half and half. Courts do not decide to share property ex officio. Therefore, a case should be filed for division of property. Even if the division of property is filed together with divorce case, the demand for division of property seen as a separate case. Before the end of the divorce case, it is not possible to starting to evaluate the division of property. The request for division of property can also be made after the divorce case.

In Turkey, the assets before 1 January 2002 are examined according to the old code. assets after this date are examined according to the regime of participation in acquired property .

The property regime ends with the death of one spouse, the choice of another property regime, or the annulment or divorce of the marriage by the court.

In principle, If one of the spouses acquired good after January 1 2002, half of the value of the good belongs to the other spouse.

In order to prevent the kidnapping of goods during divorce proceedings, cautionary judgement cannot be put on the goods. There is a 10-year period of limitations on the right to demand about matrial property. If 10 years have passed since the finalization of the divorce decision, the division of property cannot be requested. Eşler boşanma davası açmadan kendi mallarını da talep edebilirler. However, the goods received during the marriage can be requested after the divorce case sued.

Spouses’ own clothing, watches ect. accepted as their personal goods. The goods that one of the spouses earned by inheritance are also considered personal. Competent court in division of property case is family court.