For property acquired during marriage after January 1, 2002, the laws of the acquired property regime apply. After the divorce case is opened and concluded, the acquired property can be examined.
The acquired property remains with its registered owner. However, half of the value calculated at the time of the lawsuit is paid to the other party as compensation.
On January 1, 2012, the spouses purchased a property worth 250,000 TL while their marriage was still in progress. On the day they filed for divorce on 1/1/2020, the value of this apartment is 1,000,000. TL. the other spouse is entitled to compensation of 500,000 TL, which is half of the value of his apartment
Time to File a Case for Sharing of Property in Case of Divorce (Deadline, Prescription)
If a property division lawsuit is to be filed during or after the divorce, it must be filed within 10 years at the latest from the date of finalization of the divorce decision. (Supreme Court HGK – 2013/520 k). In the event that the 10-year period specified in the law has elapsed, property division can no longer be demanded.
In practice, even if the divorce case has not been completed, the division of property is requested in a separate case. In this case, the court dealing with the division of property waits for the divorce case to be concluded and the problem of statute of limitations does not arise.
In divorces happened in foreign country, the expiry date of the division of property according to the law of the relevant country starts to run from the date of the divorce decision.
Is Inheritance Included In Divorce Sharing?
After 2002, the inheritance left to the parties is personal property. It is not taken into account in the division of property.
To explain, let me give an example: If you inherit a house after 2002, your spouse cannot claim any rights on that house. This property is personal property.
However, income from personal property is acquired property.
For example, since the rental income from the rental of the inherited property is considered acquired property, the other spouse may claim half of the income from the joint property shares.
How to Share Property in Uncontested Divorce Cases?
In uncontested divorce cases, the assets can be divided by mutual agreement between the parties. One of the spouses can also waive their rights based on a contract. In uncontested divorce, it is left to parties to share the assets.
The terms “waiver” must be clearly stated in the uncontested divorce record. Otherwise there is a risk to face seperate lawsuits in the future.
If there is no declaration of property division in the uncontested divorce registry, a case for division of property can be filed within 10 years from the finalization of the divorce decision.
Which Courts Are Authorized and Competent in the Case of Sharing of Property in Divorce?
In case of divorce, the court that will be authorized to share the property, the family court established by Law No. 4787 is authorized to share the property.