In the event of a marital dissolution, the division of property acquired during the marriage is frequently a matter of dispute between the parties. The division of real estate, in particular, is a significant issue that increases the complexity of legal proceedings. In Antalya courts, the valuation of real estate acquired during the marriage is conducted within the framework of the provisions of the Turkish Civil Code (TCC) and relevant court decisions. This article will examine in detail how this process works in Antalya courts.
Acquired Property Regime and Immovable Properties
According to the Turkish Civil Code (TCC), properties acquired during marriage are essentially joint property of the spouses. This also applies to real estate. Any real estate acquired during the marriage is, in principle, considered joint property of the spouses. However, there are some exceptions. For example, real estate acquired through inheritance or donation is not considered joint property of the spouses. Furthermore, real estate acquired before marriage or through personal gain during the marriage may also remain personal property. The method of acquisition of the property, financial resources, and relevant evidence are important in determining this situation.
The Importance of the Acquisition Date of the Real Estate
The date of acquisition of a property plays a critical role in determining whether it is jointly or individually owned. Properties acquired after the commencement of the marriage are generally considered jointly owned. However, if it can be proven that the property is a continuation of property acquired before the marriage or was acquired with personal resources during the marriage, it can be excluded from jointly owned status.
Evaluation Process in Antalya Courts
In Antalya courts, the division of real estate in the event of a marital dissolution is generally handled as part of a divorce case or through a property division case. The court reviews the evidence presented by the parties and evaluates the property’s acquisition method, financial resources, and other relevant matters. In this process, the court considers land registry records, bank records, witness testimony, and other evidence.
Burden of Evidence and Proof
The burden of proof of whether the property is joint or individual property rests with the relevant party. If one party claims the property is personal property, they must prove their claim. Similarly, if one party claims the property is joint property, the other party must prove the contrary. The court will objectively evaluate the evidence presented by the parties and strive to reach a fair division decision.
Legal Solutions and Problems Encountered in Practice
The parties can reach an agreement regarding the division of real estate or file a lawsuit. If an agreement is reached, the division of the real estate will be determined by an agreement between the parties. In the event of a dispute, legal resolution can be sought by filing a lawsuit in the Antalya courts. In practice, determining the value of the real estate, disputes regarding division, and other legal issues are frequently encountered challenges.
The Importance of the Expert Report
In determining the value of real estate, the court generally consults an expert report. The expert conducts the necessary inspections to determine the market value of the property and submits a report to the court. The expert report plays a crucial role in the court’s decision on a fair distribution. However, the expert report is not binding, and the court exercises its discretion in evaluating the report.
In conclusion
The valuation of real estate acquired during a marriage in Antalya courts is a complex legal process. This process takes into consideration the provisions of the Turkish Civil Code (TCC), court decisions, and the evidence presented by the parties. Seeking the support of a qualified attorney is crucial for a fair and legal resolution. Working with a qualified attorney in Antalya plays a crucial role in protecting your rights by ensuring the process is managed more effectively and efficiently. Proper knowledge and expertise are crucial for success in this process.