How is Property Division Handled in Divorce and Family Law?
Distinction Between Acquired Property and Personal Property in Divorce and Family Law
Divorce and family law include important rules governing the division of property between spouses during a divorce. For more information on divorce and family law, you can visit https://www.latifcembaran.com/konya-bosanma-avukati In Turkey, according to the Civil Code which came into effect in 2002, the property regime is based on the principle of "participation in acquired property." Under this regime, acquired property earned by both spouses during the marriage is shared equally in the event of divorce. Personal property is not included in this division. Personal property also includes assets that spouses owned before marriage or acquired through inheritance.
Property Division Lawsuit and Legal Recourse in Divorce and Family Law
Acquired property is primarily the subject of division in a divorce and family law case. This encompasses all assets obtained by the spouses with the income they earned jointly during the marriage. For example, real estate, vehicles, and savings in bank accounts purchased jointly by the spouses are considered acquired property. On the other hand, personal property is not shared during the divorce process. Examples of personal property include properties inherited by one of the spouses, personal belongings, and assets owned before marriage. In case of a dispute regarding property division during a divorce and family law case, the parties can file a property division lawsuit by applying to the family court. In this lawsuit, the court makes a decision based on the documents and testimonies provided by the parties. The aim of the lawsuit is to determine the value of the acquired property and share it equitably. However, if the parties reach an agreement among themselves, property division can be made without the need for this lawsuit. Such agreements can help the divorce process be completed more quickly and at a lower cost.
