Personal Property Must Be Proved With Concrete Evidence Other Than A Witness Statement

27 Apr Personal Property Must Be Proved With Concrete Evidence Other Than A Witness Statement

During the continuation of the property regime, in the acquired property owned by one spouse, the other spouse has the right to participate at half the residual value.

The residual value will be added to the value (TMK m. 229) and equalization (TMK m. 230) of the spouse’s acquired property, including the amounts obtained (TMK m. 219) the total value of the residual value (TMK m. 231) the right to be credited to the other spouse over half (TMK m. 236/1). Participation is a right arising from the law, and it is not necessary for the spouse claiming this right to have income or to contribute to the acquisition, improvement or protection of such property.

When calculating the amount of receivables to be added to the residual value, only the release (fair) values of the goods available at the time of the end of the goods regime are based on their status at this date (TMK m. 227/1, 228/1, 232 and 235/1). According to Supreme Court applications, the date of liquidation is the date of the decision. One who claims that a particular property belongs to one of the spouses,

he is obliged to prove his claim. The property which cannot be proved which of the spouses belongs to is considered to be their share property. All the goods of a spouse are considered to be acquired property until proven otherwise (TMK m. 222).

If the above value determination, determination and calculations are necessary, the expert expert or expert experts should also be assisted.

In a sample event:

Spouses, married on 22.01.2007, 19.09.2008 on the acceptance of the divorce case on the provision, 09.03.2011 was finalized on the divorce.

The property regime ended as of the date of the divorce proceedings (TMK m. 225 / son). Since it is not suggested that another property regime is chosen by contract, the separation of goods from the date of marriage until the date of 01.01.2002, when TMK No. 4721 came into force (TKM No. 743 m. 170), from this date until the end of the goods regime, the regime of participation in acquired goods is valid (law No. 4722 m. 10, TMK m. 202/1).

In the liquidation of the property regime, provisions relating to the regime to which the spouses are attached are applied (TMK m. 179).

OK immovable parcel No. 511 subject to liquidation between spouses on 19.02.2008 of possible answers is true, immovable, parcel No. 473 1/4 stock, on 30.04.2008, 474 parcel No. 1/4 immovable stock, purchased on 30.04.2008, the defendant has been registered on behalf of the spouse.

All of the defendant subject to liquidation immovable parcel No. 511, 473, 474 parcel No. and immovable, 1/4 of possible answers where you purchased the stock between spouses in the current period, the defendant’s real property that was purchased by his father claimed.

However, while the defendant must prove that the immovable property is personal property with concrete evidence, it could not be proved with concrete and available evidence other than the witness statement that the immovable property was purchased by the defendant’s father.

The court decided that the whole of the 511 parcels of real estate subject to liquidation and 1/4 share of the real estate numbered 473 and 474 parcels of acquired property were accepted.