DIVORCE SPLITTING ASSETS AND ALIMONY IN TURKEY

 

Our expert divorce lawyers will assist you in dividing the family’s property and requesting or contesting alimony.
In the current Civil Code, it is essential to apply the Regime of Participation in Acquired Goods as a legal property regime. In other words, the property acquired by the spouses during the marriage will be divided in half. We professionally assist our domestic and foreign clients at the stage of divorce in this department.
A lawsuit must be filed for the property sharing case. The court cannot automatically decide on the division of property. In practice, although the divorce case is requested together with the divorce in the petition, the property sharing case is seen as a separate case from the divorce case. Before the divorce case is over, the property sharing case cannot be initiated.
After the divorce case ends, the parties can make a request for the property sharing case to be heard. The parties can make three claims in the property sharing case. Participation receivable is contribution receivable, value increase receivable. The sharing of property is made over the property acquired within the marriage union.

In the property sharing case opened after the divorce case, the following path is followed, respectively:

 

1) In sharing, the personal properties of the spouses are separated first. Personal properties are not included in the share. Personal properties are not included in the division of goods.

Personal properties are as follows according to Article 220 of the Turkish Civil Code :

 

a) Goods for the personal use only of one of the spouses;
b) At the beginning of the property regime, assets belonging to one of the spouses, or the assets that a spouse acquired later through inheritance or in any way through unrequited acquisition;
c) Non-pecuniary damages
d) Values as personal property

2) After each spouse receives his own personal property, the “acquired property” obtained in marriage is shared by half. “Acquired property” acquired in marriage is defined as follows in the law: The acquired property is the assets values obtained by each spouse by paying for the duration of this property regime.

Acquired property of a spouse in particular are:

 

a) Acts corresponding to his work,
b) Payments made by social security or social assistance institutions and organizations or by funds and similar funds established for the purpose of helping personnel,
c) Compensation paid due to loss of working power,
d) Incomes of personal property,
e) Values substituting for acquired goods.
Spouses can decide what will be considered personal property by making a contract within marriage. In other words, with the contract, they can decide that some of their properties will be personal property in case of divorce.

As Golden Horn Law, we provide legal support to our local and foreign clients with expert lawyers regarding the sharing of property and alimony between spouses after the divorce stage. If our clients have children, in this case, we help them to request alimony among their children, and in case of contrary to the custody and alimony provisions, we help to find legal solutions.