The Turkish Civil Code (TCC) governs which matrimonial property regime applies between spouses during marriage, and how property is divided when that regime ends (including through divorce). Unless the parties have chosen another regime by contract, the statutory property regime since 2002 has been the participation in acquired property regime (TCC Art. 202 et seq.).
The Distinction Between Personal Property and Acquired Property
The first step in dividing property is determining whether each spouse's assets are "personal property" or "acquired property":
- Personal property (TCC Art. 220): Property owned before the marriage, property acquired through inheritance or gift, and strictly personal claims such as moral compensation receivables are not included in the division.
- Acquired property (TCC Art. 219): Value acquired in return for labor performed during the union of marriage, payments made by social security/assistance institutions, and compensation paid for loss of working capacity are taken as the basis for division.
Calculating the Participation Claim
When the property regime ends, the value of each spouse's acquired property is determined separately, and any debts relating to that property are deducted to arrive at the "residual value." If one spouse's residual value is greater than the other's, half of the difference arises as a participation claim in favor of the spouse with the lower residual value (TCC Art. 236). The aim is for both spouses to receive an equal share of the increase in value acquired during the marriage.
The Importance of Valuation Date
When calculating the participation claim, assets are valued at their market/fair value as of the date the property regime ended (generally the date the divorce case was filed). For this reason, it is very important that the current value of the assets be determined through an expert examination during the case.
Conclusion
Division of property in divorce is a technical process that depends on correctly distinguishing personal from acquired property and correctly calculating the participation claim. Because factors such as the duration of the marriage, the nature of the assets, and the acquisition dates directly affect the outcome, it is advisable to conduct this process with the support of a legal professional.
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