The Turkish Civil Code adopted the regime of participation in goods acquired between spouses as the regime of legal goods. Therefore, in case of divorce, the sharing of property between spouses shall be done in accordance with the principles of this regime.

On What Date Will The Goods Acquired During Liquidation Be Determined?

In the case of a divorce, or if one of the spouses sues to share the property together with the divorce case, the acquired property will have to be determined. According to the regulations of the Turkish Civil Code, the property acquired in the marriage union is liquidated by evaluating its assets and liabilities and its status at the date of the divorce proceedings.

In the regime of joining acquired property, during marriage the spouses have the power to save on their own property. There is no regulation restricting the power of saving on the property of the spouse except for the real estate on which the family residence is stated. For this reason, spouses will be able to save freely on their assets. It is not the case that the Goods acquired as a result of divorce should be shared among the spouses by themselves. Therefore, only with divorce does one have the right to sue each of the spouses for participation in the acquired property.

What Is Included In The Liquidation Of The Property Regime?

As a rule, acquired goods to be shared are active and passive goods at the date of divorce proceedings. Passive assets refers to debts related to acquired goods.However, TMK 229. In the article, the values to be added to the property acquired at the date of divorce proceedings are arranged

Gains made by the spouse for the purpose of reducing the participation claim or evasion of property

In order to reduce the potential participation of the other spouse, the spouse who has the power of saving may apply for ways such as transfer of registered real estate or discharge of bank accounts. In the event of the existence of these malicious transactions, it is regulated in the law that the savings price will be included in the share.

No time limit has been set for these transactions with intent to smuggle goods. In order to be included in the share, it is necessary to have been made within the last year, whereas the bad faith saving is sufficient to have been made within the period in which the goods regime is valid.

The law seeks for this regulation the intent of kidnapping property, i.e. malice. This is important for the evaluation of the share because it will not be possible to include the actual transfer or expenditure amount that was not made with this intention.

What Impact Do The Values To Be Added Have On Third Parties?

229 Of The Turkish Civil Code. In the cases mentioned in the article, there will be no cancellation of the transaction subject to direct savings. In other words, the inclusion of the donation or transfer price in the share of goods will not result in the cancellation of this donation or transfer, but in the debt of the spouse who has made the transaction against the other, as if these values are still in the acquired goods. There is a personal right here, not in kind.

However, the text of the article continues as” in the case of disputes relating to such acquisition or transfer, the court decision may also be put forward against third parties who benefit from the acquisition or transfer, provided that the case has been notified to him.”

According to this regulation, in case of liquidation of the property regime to be opened, in case of notification of the case to the person who donated or transferred the case, this person shall also have responsibility against the spouse who made the request. However, this liability shall be limited to the value held by the third party of good faith as a result of the donation or malicious transfer, and to the amount of receivables arising from that value of the other spouse making the claim.