PROPERTY
DIVISION LAWSUITS IN TURKEY: LEGAL PROCESS AND KEY POINTS
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.
