We have compiled the questions regarding the liquidation of the property regime after divorce, which are frequently asked and wondered by citizens, and answered them in our article;
As a rule, the property acquired before marriage belongs to the spouse who owns that property and the other spouse cannot have a claim on this property. For this reason, the other spouse cannot claim ownership of this property from the spouse who owns the property, but if the property in question has a return, these returns are considered acquired property as of the date of marriage and this return is subject to sharing, for example, the rental income of the house purchased before marriage is considered acquired property as of the date of marriage and the other spouse has the right to claim on this rent.
Are Properties Acquired Before Marriage Included İn The Property Regime?
According to the Civil Code, unless the parties agree otherwise, the legal property regime valid within the marriage union is the “Regime of Participation in Acquired Property”. However, this regime is only valid for the property acquired during the marriage. Property acquired before the marriage is excluded from the regime of participation in acquired property and is considered the personal property of the spouse who is the owner.
How İs The Division Of Property Made According To The Property Regime?
If the spouses have not agreed otherwise, the legal property regime “regime of participation in acquired property” will be applied. According to this regime, the assets acquired during the marriage are shared between the spouses, while the assets acquired before the marriage are considered personal property and are not included in the division.
Who Owns The House And Car Acquired Before Marriage?
If a house or a car was purchased before the marriage, the owner of this property is, as a rule, the person who appears to be the legal owner of the property. However, if the other spouse proves that he/she contributed financially to the purchase of this property, he/she can claim financial rights in proportion to the contribution.
What Happens İf The Name Of The Spouse (Who Did Not Actually Pay The Price) İs Written On The Goods Purchased Before The Marriage?
In this case, the spouse who actually paid for the purchase of the goods in question will have to prove that the ownership belongs to him/her and that he/she did not make a donation, and that this transaction, i.e. the transfer of ownership, was actually based on another reason, for example, due to a faith transaction.
Is The Rental Income of Property Acquired Before Marriage Shared?
Although the properties acquired before the marriage are considered as personal property, the rental income obtained from these properties is considered as “acquired property” within the marriage. Therefore, rental income earned during the marriage may be subject to sharing between the spouses when the property regime ends.
How İs The Division Of Property Determined By The Marriage Contract?
Spouses can determine their own property regime before or during the marriage or during the marriage with a property regime agreement before a notary public or by choosing a property regime during the marriage. Different options such as “separation of property regime”, “shared property regime” or “community of property regime” can be preferred and an agreement can be reached on how the assets will be shared.
Is it Possible for the Spouse to Claim Rights for Property Acquired Before Marriage?
As a general rule, it is not possible for the other spouse to claim rights on the property acquired before the marriage. However, if the other spouse can prove that he/she has made a significant financial contribution to the acquisition of these properties, he/she may claim a claim in proportion to his/her contribution.
Who Owns the Property Acquired Before Marriage?
Since the goods acquired before the marriage are considered as personal property, the spouse who owns the property becomes the owner of the goods in question. However, as stated above, in certain cases, a claim for compensation or contribution may be possible by evaluating the income obtained from these properties or the contributions made to the acquisition of the property.
