Paylaş: Divorce and Property Division: Legal Processes and Rights in Turkey
Types of Property in Marital Regimes
- Acquired Property: Includes assets acquired by either spouse during the marriage through work, business activities, or investments. These assets are subject to equal division between the spouses.
- Personal Property: Includes assets that are considered personal to one spouse, such as pre-marital property, inheritances, or personal gifts.
Steps for Property Division
- Asset Identification: Each spouse must declare their acquired and personal property.
- Valuation of Assets: An expert may be appointed to assess the value of shared assets.
- Equal Division: Acquired property is divided equally between the spouses, unless there are valid reasons to adjust this ratio, such as a prenuptial agreement.
Legal Rights of Spouses
Both spouses have the legal right to:
- An equal share of the marital assets acquired during the marriage.
- Retain personal property, including inheritances and pre-marital assets.
- File claims for alimony and child custody as part of the divorce proceedings.
Court Involvement in Property Division
If the parties cannot agree on the division of assets, the family court will intervene and determine the appropriate distribution based on evidence and expert reports. In cases of contested divorce, the court may take into account factors such as the contribution of each spouse to the acquisition of property.
Conclusion
Divorce and property division in Turkiye involve complex legal processes that ensure fairness and protection of individual rights. Understanding the marital property regime and the legal steps involved in dividing assets can help individuals navigate this challenging process with confidence. It is highly recommended to seek legal assistance to safeguard one’s rights during the divorce and property division procedures.
