Property Division During Divorce: Comprehensive Legal Guide

Property division is one of the most contentious issues during divorce proceedings. The Participation in Acquired Property Regime, regulated under Articles 218-241 of the Turkish Civil Code (TCC), has been the legal property regime since January 1, 2002.

1. Legal Property Regime: Participation in Acquired Property

Since January 1, 2002, the default property regime in Turkish law is the "participation in acquired property regime." If spouses did not choose a different regime during marriage, this regime applies automatically.

2. What Are Acquired Properties? (TCC Art. 219)

Acquired properties are assets obtained by each spouse in exchange for consideration during the marriage:

• Employment income: Salary, wages, freelance income, business profits
• Social security payments: Retirement pension, disability pension
• Compensation for loss of working capacity
• Income from personal assets: Rental income from inherited property, bank interest
• Values replacing acquired property: A car or house purchased with salary

3. What Are Personal Assets? (TCC Art. 220)

Personal assets are excluded from division:

• Items for personal use
• Assets owned before marriage
• Assets acquired through inheritance or gift
• Moral compensation claims
• Values replacing personal assets

4. Surplus Value and Participation Claim

Surplus Value = Total Value of Acquired Assets - Related Debts

Each spouse is entitled to half of the other's surplus value (TCC Art. 236).

5. Family Home Protection (TCC Art. 194)

The family home has special protection: neither spouse can dispose of it without the other's explicit consent.

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This article is for informational purposes only. For a legal evaluation specific to your situation, please contact Atty. Evrim Yazan.

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