How Is the Matrimonial Property Regime Liquidated on Divorce?

After divorce, the first question is often what happens to movable and immovable assets acquired during marriage and in what shares. Specialist counsel makes these issues manageable. Under the TCC, from 01.01.2002 the default regime—unless otherwise agreed—is participation in acquired property (TMK Art. 202). Spouses may choose by contract separation of property, shared separation of property or community of property, before or after marriage. In Ankara files, identifying the applicable regime is the first step.

Art. 218 covers acquired property and each spouse’s personal property. Acquired property is assets obtained for value during the regime—e.g. earnings from work, social-security payments, disability compensation, income from personal property, and substitutes for acquired assets. Personal property includes items for exclusive personal use; assets owned at the start of the regime or acquired by inheritance or gratuitous transfer; moral-damages claims; and substitutes. Only acquired property enters liquidation. Contract may classify certain business assets as personal or exclude personal-property income from acquired property. Two claims matter: the participation (surplus) claim—generally one-half of the surplus of acquired property regardless of title (Art. 236 allows reduction or removal for the at-fault spouse in divorce for adultery or attempt on life)—and the value-increase share (Art. 227) for contribution to acquiring, improving or preserving the other spouse’s asset without adequate consideration, calculated on liquidation value.

Art. 229 adds to acquired property gratuitous transfers (beyond ordinary gifts) in the year before the regime ends without the other spouse’s consent, and transfers during the regime intended to reduce the participation claim. With notice of the suit, the judgment may bind third-party beneficiaries—targeting asset-stripping before divorce. Equalisation may be claimed where personal assets paid acquired-property debts or vice versa.

Separation (Art. 242): each spouse keeps management, use and disposal of their own assets; each leaves with their own property—little practical change from before marriage. Shared separation: only certain post-regime assets are shared equally—those devoted to common family use (e.g. family home) and investments for the family’s future; businesses not devoted to common use often stay out (sometimes called a “limping” participation regime). Community: a broader joint pool (general or limited by contract); joint ownership by hand (elbirliği), no sole disposal of shares. Limited community may exclude realty, earnings or professional tools. At Karınca Law Firm in Çankaya we plan Ankara liquidation files around regime type, participation and value-increase claims, Art. 229 and equalisation. • Default: participation in acquired property • Participation claim usually ½; Art. 236 may reduce it • Value-increase share: Art. 227 • Add-backs: Art. 229 • By contract: separation, shared separation, community