What is Property Sharing and When Does It Come Up?

Property division refers to the legal division of property acquired during a marriage after divorce. When a marriage ends, this issue often becomes a subject of litigation.

  • It can be filed together with the divorce case.
  • Or it can be started separately after the divorce is finalized.

What are the Property Regimes in Türkiye?

According to the Turkish Civil Code, the legal property regime valid since 2002:

1. Participation in Acquired Goods

It is the default regime. Property acquired during the marriage is considered joint.

2. Separation of Property

The parties' goods are kept separate. It should be determined by contract.

3. Shared Property Separation and Property Community

These are special regimes selected by contract. They are especially preferred by high-income couples.

When to File a Property Division Lawsuit?

  • Can be seen together when divorce case is filed
  • There is a right to file a separate lawsuit within 1 year after the divorce is finalized.
  • If you are late, you lose your right.

How are Property Division Cases Conducted in Antalya?

Competent Court:

  • Antalya Family Courts
  • The place of residence of one of the parties is taken into account.

Average Duration:

  • Simple cases: 6-9 months
  • Complex cases: may take 1-2 years

Frequently Asked Questions in Property Division Cases

1. The house is in my spouse's name, can I share it?
Yes, you can request a share if it was received during the marriage.

2. Only I worked, can my spouse claim benefits?
Yes. The acquisition of goods is considered joint, it does not matter if it is registered in the name of the winner.

3. What happens if we have not made a property regime agreement?
The regime of participation in acquired property applies.

4. What can I do if my spouse stole property before the divorce?
You can file a lawsuit for cancellation and registration of the title deed.

5. My wife bought the car but I paid the loan, do I have any rights?
Yes. You can make a claim in court depending on your contribution rate.

6. Is mediation mandatory in such cases in Antalya?
No. Mediation is not a condition for filing a lawsuit in property division cases.

What is a Property Regime Agreement and What is its Purpose?

It is a notarized agreement that can be made between spouses before or during marriage.

Advantages:

  • Eliminates uncertainties
  • It clarifies the future of your assets
  • Reduces the need to file a lawsuit in case of divorce

How are houses, cars and workplaces distributed in property sharing?

Titled Properties:

  • If taken during marriage, it is considered joint
  • Even if it is registered in one party's name, the other spouse can claim it

Workplace Sharing:

  • If there is an income-generating commercial activity, a value determination is made.
  • The court shares the company's partnership according to the profit ratio.

How to Share Bank Accounts and Credit Cards?

Joint Accounts:

  • It doesn't matter who invests, common sharing is essential.

Debts:

  • Property division covers only assets
  • Debts are not always considered joint, the court strikes a balance

Are the Rights of Men and Women Equal?

Yes. The Turkish Civil Code recognizes equal rights of inheritance and property sharing between men and women. However, in practice, some situations may be in favor of the woman or the man:

  • If the woman has custody of the children , this sometimes provides an advantage in matters such as alimony or allocation of the house.
  • When dividing property registered under the name of a man, evidence and document support may be required.

Courts take into consideration title deeds, documents and witness statements when making decisions based on equity.

How Long Does a Property Division Case Take in Antalya?

Factors Affecting the Length of the Case:

  • Number and nature of assets (house, land, workplace)
  • Degree of disagreement between spouses
  • Expert reports and valuation process
  • Speed of working with the parties' representatives

Is it possible to divide assets without a lawyer?

Yes, it is possible. However;

  • If the value of the goods is high
  • If there are issues such as title deed, debt, partnership, etc.
  • If there is a big disagreement between the spouses

Proceeding with a lawyer both prevents loss of rights and speeds up the process.

Where to Apply for Property Division in Antalya?

Authorized Institutions:

  • Antalya Family Courts
  • The courthouse in the place of residence of one of the parties
  • District-based courts such as Antalya Courthouse and Serik Courthouse

Is Mediation Necessary?

No, mediation is not mandatory for property division cases.

How to Prevent Smuggling and Fraudulent Transactions?

During the divorce process, a spouse may want to exclude his or her property from the distribution by transferring it or reducing its value. In this case;

  • Title deed cancellation and registration case
  • Precautionary measure decision
  • Determination of real value with expert report

can be enforced through the court.

Precedent Property Sharing Cases in Antalya

Local Court Examples:

  • Giving half of the house registered in her husband's name but for which the woman pays the loan to him
  • Sharing of the vehicle purchased before marriage but for which a loan was paid during marriage, in half
  • Division of a workplace with rental income, together with income sharing

Supreme Court decisions also guide the practices in Antalya.

Frequently Asked Questions (FAQ)

1. Can property acquired before marriage be shared?
No. Property acquired before marriage is considered personal property.

2. Can I share the house purchased in my spouse's name?
If the house was purchased during marriage, you may be able to claim it even if it is not in your name.

3. Can a property division case be filed before the divorce?
It is usually opened after the divorce. However, in some special cases, it can be run simultaneously.

4. What happens if we do not conclude a property regime agreement?
The regime of participation in legally acquired property is deemed valid.

5. If the property on the title deed has been stolen, can it be taken back?
Yes. It can be recovered through a title deed cancellation and registration lawsuit.

6. How long do these cases take on average in Antalya?
Simple cases can be concluded in 6 months, complex cases in 1-2 years.

Conclusion: How to Protect Your Rights in Property Division

In a city like Antalya, which is rapidly developing and has a high number of divorce cases, it is important to act consciously regarding property division.

To protect your rights:

  • Keep all your documents (title deeds, loan payments, invoices, etc.)
  • If necessary, work with a specialist family law attorney
  • Request a court injunction against the other party's fraudulent transactions
  • Don't forget to file a lawsuit within 1 year after the divorce is finalized.

Remember, a property division case carried out with the right strategy will both prevent you from losing your rights and protect you from lengthy court processes.