The divorce process not only has emotional and social implications, but also directly affects the economic lives of the parties involved. The division of property acquired during the marriage is one of the most critical aspects of divorce. This process, which can lead to serious disputes between the parties, is referred to as the “liquidation of the property regime.”
In 2025, property division will continue to be one of the most controversial issues in divorce cases. It is vitally important to seek legal advice to ensure that the parties are aware of their rights, that the process is conducted within the legal framework, and that a fair division is achieved. In marriages involving high-value assets or commercial enterprises, it is essential that the process be conducted professionally.
Legal Basis of the Property Regime
The Turkish Civil Code regulates property regimes within marriage. According to the law, spouses may choose any property regime they wish before or after marriage. If no choice is made, the community of acquired property regime applies by law.
This system has been in effect since 2002 and is the most widely applied regime today. The liquidation of the property regime can be initiated as a separate case after the divorce case, or it can be brought up together with the divorce case. In either case, a detailed examination is required to determine who owns the property and how it will be divided.
Types of Property Regimes Applied in Turkey
According to the Turkish Civil Code, spouses can choose between different property regimes. These directly determine how assets will be divided during the divorce process.
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Acquired Property Participation Regime: Default regime. During the marriage acquired property is considered jointly owned by both spouses .
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Separation of Property Regime : Each spouse keeps their own property and there is no sharing of property.
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Shared Property Regime: Separation is the basis, but certain assets are shared.
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Property Partnership Regime: All property is jointly owned by both spouses.
The regime to which the spouses are subject will determine the basis for division during the divorce process.
Acquired Property Regime
As of 2025, the “community property regime” applies to the vast majority of divorce cases. Under this system, all property acquired by the parties during the marriage is considered joint property, regardless of whose name it is registered under. This includes salaries, savings, real estate, and vehicles.
However, property owned before marriage, property acquired through inheritance, or donated property is considered personal property. Therefore, when dividing property, it is first determined which property is “acquired” and which is “personal.” This distinction is often the most controversial point in litigation.
How is the liquidation of property regime carried out?
After the divorce is finalized, the process of liquidating the property regime begins. The parties may agree to divide the property, but if they cannot reach an agreement, they must file a lawsuit. During the liquidation process, the date of acquisition, the name under which the property is registered, and the source of acquisition are taken into consideration.
After determining the nature of the assets, the court calculates the parties’ share of the proceeds. This process is complex, so expert reports are often consulted. While accurate statements and documents speed up the process, incorrect information or concealed assets can lead to serious problems.
Things to Consider in a Property Division Case in Divorce
A property division case is a process that requires both legal knowledge and careful preparation. There are certain issues that the parties must pay attention to in order to avoid losing their rights:
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Separation of pre- and post-marital property with documentation
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Preparation of bank account statements, land registry records, and vehicle registration certificates as evidence,
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Proof of income and payments made,
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Proper documentation of property acquired through inheritance or donation.
At this point, it is important to seek professional legal support in order to ensure that the process progresses smoothly. the process to proceed smoothly in terms of great benefit provides.
Distribution of Real Estate
One of the most common issues in property division is the division of real estate, i.e., houses, land, and business premises. If one of the spouses purchased a house during the marriage, this property is considered acquired property and is subject to division. However, real estate purchased before marriage or land inherited as an inheritance is considered personal property.
During court proceedings, property deeds, payment documents, and acquisition dates are taken into consideration. The most controversial issue in practice is which category properties acquired immediately before marriage fall into. Therefore, it is extremely important to submit the correct documents.
Distribution of Movable Property and Income
Vehicles, jewelry, bank accounts, and salaries are also taken into consideration in property division cases. A car purchased or savings accumulated during the marriage are considered joint property. However, jewelry acquired for personal use is often considered personal property.
In particular, the division of gold, jewelry, and other valuables may vary in accordance with Supreme Court rulings. Jewelry given to the wife is generally considered her personal property. However, it is possible for the parties to prove otherwise. In the division of income, all salaries and earnings obtained by the parties during the marriage are taken into account.
Supreme Court Decisions in 2025
The Court of Cassation guides practice with its decisions on property division. Decisions handed down as of 2025 focus particularly on the distinction between personal property and acquired property. For example, classifying property acquired through inheritance as personal property prevents spouses from making unjustified claims in this regard.
In addition, the Court of Cassation may issue different rulings, determining that one party has acted unfairly by concealing property from the other party. For this reason, the principles of honesty and transparency are of great importance during the litigation process.
Why is Legal Support Necessary?
Divorce property division case, is a complex process both legally and financially. Incorrect steps, the parties serious losses of rights may occur as a result of this. For this reason, the support of an experienced lawyer is necessary for the process to be managed in the most appropriate manner.
At Atakan Ayhan Law Firm, we provide professional support to our clients in property division cases. We are with you every step of the way, from preparing documents to the trial process, evaluating expert reports, and the enforcement stage. Our goal is to ensure a fair and swift resolution.
Property division in divorce is an extremely important process that directly affects the economic future of the parties. While the Turkish Civil Code offers spouses different property regime options, the participation regime for acquired property is the most commonly applied system. As of 2025, Supreme Court decisions provide guidance on how the process should be conducted.
Preparing documents correctly, clearly distinguishing between personal property and acquired property, and obtaining professional legal support will ensure that the process is fair and swift. Therefore, it is best for those considering filing a property division lawsuit to seek support from a lawyer who specializes in this field.
