How is Property Division Handled in Divorce and Family Law Proceedings?

Assets and Liabilities Included and Excluded in Property Division in Divorce and Family Law

Property division in divorce and family law is a legal process that determines how assets acquired during the marriage will be divided between the parties. For more information on divorce and family law, you can visit https://www.latifcembaran.com/konya-bosanma-avukati. According to the Civil Code, which came into effect in Turkey in 2002, the "community property regime" is applied unless the spouses have made a different agreement. Under this regime, assets acquired during the marriage are divided equally. However, personal assets (e.g., inherited property, assets owned before marriage) are excluded from the division. If the parties have established a different property regime before marriage (e.g., separation of property), the division will be made accordingly.

Property Division Process and Filing a Lawsuit in Divorce and Family Law

During property division in divorce and family law proceedings, it is crucial to determine which assets are subject to division. Real estate (homes, land) acquired during the marriage, vehicles, investments, and savings accumulated with salary income are included in the division. Inherited assets, personal gifts, and moral compensation income received by one of the spouses are excluded from the division. Debts are also taken into account during property division. If one of the spouses can prove their contribution to the formation of assets acquired during the marriage, they may claim a larger share. Property division in divorce and family law proceedings is carried out through a separate lawsuit filed after the divorce decree becomes final. In cases of divorce by mutual consent, the spouses can agree on property division by preparing a protocol among themselves. In contested divorce cases, the court makes a decision based on evidence and expert reports. The property division lawsuit is conducted to protect the economic situations of the spouses and ensure a fair division.