With the dissolution of a marriage, the issue of dividing property acquired during the marriage arises. The Turkish Civil Code (TCC) regulates the liquidation of the marital property regime upon dissolution. During this liquidation process, the division of any increase in the value of assets is an important consideration, especially in long-term marriages. This article will provide a detailed explanation of the capital gains share during the liquidation of a marital property regime in Antalya.
Liquidation of the Property Regime and Sharing of Value Increase
The property regimes specified in the Turkish Civil Code (TCC) can be chosen by the parties at the outset of the marriage or are adopted as legal regimes. Under the legal regime of joint earnings, assets acquired during the marriage are considered joint property of the spouses. The increase in value of these assets is also subject to division. However, how this increase in value is to be shared and the criteria to be considered generates considerable debate. In particular, it is important to determine how much of the increase in value of the acquired property is due to the continuation of the marriage and how much is due to other factors.
Source and Sharing of Value Increase
The source of the increase in value is a significant factor influencing the division ratio. For example, a property’s value increase may stem from a general rise in market conditions, investments, or the combined efforts of the spouses. While market-related increases in value are generally distributed equally among the spouses, determining the division ratio for increases resulting from the spouses’ labor and effort requires a more complex assessment. At this point, the parties’ evidence, expert opinions, and court decisions are decisive.
Methods Used to Determine Value Increase
Various methods are used to determine the increase in value. These include appraisal reports, expert examinations, and evidence presented by the parties. Appraisal reports play a significant role in determining the increase in value, particularly for assets that are difficult to value, such as real estate. Expert examinations, in turn, assist the court in determining the source of the increase in value and the proportion of the apportionment. Documents submitted by the parties, such as bank statements, invoices, and land registry records, can also be used to determine the increase in value.
Calculation of Value Increase Share
The calculation of the capital gains share varies depending on the source and rate of the increase. If the increase is entirely due to market conditions, it is shared equally between the spouses. However, if a portion of the increase is due to the spouses’ labor and effort, the sharing ratio is determined accordingly. To ensure a fair distribution, courts evaluate the specific circumstances of each case and the evidence of the parties. Therefore, a different outcome is possible in each case.
The Process of Liquidation of the Property Regime in Antalya
The property liquidation process in Antalya is largely similar to that in other provinces. However, local practices and decisions of courts in Antalya can influence the process. Therefore, it is important to seek support from local legal experts in a property liquidation case in Antalya. Because the legal process can be complex and time-consuming, seeking the assistance of an experienced attorney is crucial to protecting your rights and achieving the best outcome.
Collection of Value Increase Share Receivables
Collection of the capital gains share is the final stage of the property settlement process. If the parties cannot reach an agreement, the capital gains share is collected by court order. This can be accomplished through property division, cash payments, or other methods. Again, it is important to obtain legal assistance during the collection process. The necessary procedures for collecting the debt can be carried out more effectively and expeditiously by an experienced attorney.
In Antalya, the liquidation of the property regime and the claim for capital gains are quite complex and require expertise. Therefore, seeking the support of an experienced legal professional is crucial to protecting your rights and achieving the most equitable outcome. Working with accurate information and experienced representation throughout the legal process ensures a more successful and efficient process.