In Turkey, when a marital union comes to an end, property division lawsuits are a common legal process encountered by couples. Based on the provisions of the Civil Code and other relevant legislation, these lawsuits aim to ensure a fair distribution of the couple's accumulated assets. Here are important insights into property division lawsuits in Turkey:

1. Property Regimes: In Turkey, the property of couples within the marriage is generally subject to a property regime. According to the Turkish Civil Code, couples can determine the property regime through a prenuptial agreement or a written agreement after marriage. The most common property regime encountered in Turkey is the "community of property." However, in cases where couples do not specify a regime, they typically default to the "separation of property" regime.

2. What is a Property Division Lawsuit? Upon the termination of a marital union, if couples fail to amicably distribute their assets, they can file a property division lawsuit in court. In these lawsuits, the court identifies the couple's assets and, if justified, ensures a fair distribution of these assets.

3. Legal Process: Property division lawsuits are usually heard in family courts. The court assesses evidence to determine the couple's assets. Evidence in these cases may include property declarations, land registry records, bank account statements, and other relevant documents. Considering the economic and social situations of the parties involved, the court endeavors to make a fair decision.

4. Principle of Fair Division: The guiding principle in Turkish law regarding property division is the "principle of fair division." The court, taking into account contributions, economic circumstances, and other factors, aims to ensure an equitable distribution of assets. However, each case is unique, and the court evaluates each situation individually.

5. Expert Legal Counsel: Property division lawsuits can be complex, and the process can be emotionally challenging for the couples involved. Therefore, seeking expert legal counsel is crucial. A legal expert can guide couples through the process, help protect their rights, and provide support in advocating for a fair division of assets.

Property division lawsuits in Turkey represent a crucial process for couples to safeguard their legal rights and ensure an equitable distribution of assets. Proper and effective legal representation during these lawsuits can assist couples in achieving justice.

This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.