FAQ

What are personal property in a divorce?


What are the spouses’ personal property?

An item for the sole personal use of one of the spouses is personal property. All kinds of goods that are reserved for personal use of one of the spouses are personal property. For example, items such as mobile phones, computers, clothes, watches, jewelery that are constantly used in daily life are personal goods.

Which goods are acquired goods?

TMK m. According to the provisions of 119/f.2,b.4, the income of personal property is also accepted as acquired property. According to this provision, any natural or civilized income of personal property is acquired property.

Is the car acquired property?

Goods that replace personal property are also personal property. For example, a car owned by one of the spouses before marriage is the personal property of that spouse. If a new car is bought for the same price as the sale of the car, that car is also a personal property and continues to be a personal property.

Can my spouse sell cars without my permission?

Can my wife sell the car that we bought in my wife’s name by taking a loan while we were married? Since it is acquired property, you have a right on half of the property. You can open the case and immediately take action on the vehicle. If you take action, it cannot sell without your knowledge.

Is the car bought after marriage common?

That is, all assets acquired until the date of the divorce case (cash, house, car, land, etc.) are included in the division of property. The property acquired by the spouses after the divorce case is filed are not included in the division of property.


What is the regime of participation in acquired goods?

The regime of participation in acquired property is that the other spouse shares in the property acquired by the spouses in the marriage union. The regime of participation in acquired property covers acquired property and personal property of each of the spouses.

Is donated property acquired property?

Since the donation is obtained through gratuitous acquisition, it is in the status of personal property and not in the status of acquired property. In other words, the other spouse does not have the right to participate in these goods.

Is the workplace personal property?

For example, while company shares or commercial enterprises are considered the personal property of each spouse, incomes, dividends, and profit shares can be claimed within the scope of participation receivables, since they will be considered acquired goods. There is no burden of proof that the spouses have contributed while calculating the participation receivable.

What are the spouses’ personal property?

from spouses Someone’s Alone Personal Goods for Use, Personal It is property. from spouses someone’s personal all kinds of goods specific for use, personal property. For example, items such as mobile phones, computers, clothes, watches, jewelery that are constantly used in daily life, personal property.

What counts as personal property?

TMK m. According to the 220/b.1 provision, only one of the spouses personal item of use, that spouse personal property is considered. Personal useable item, spouse personal It is an item that he uses for his needs. Generally, only movable goods are considered personal property.


What property is not shared in a divorce?

First of all, the premarital property of the spouses is not included in the sharing. Also personal goods other covered by goods is not included in the sharing. Personal goods can be listed as follows; Non-pecuniary damages to be received by the parties from different persons What property cannot be shared in a divorce? is one of the answers.

Who keeps the household goods in a divorce?

In the marriages made after 2002, property sharing started to be done jointly. Unless the spouses also determine a property they have acquired as a special property regime and notify the authorized institution, they have a “common and equal” right on all the properties they have acquired during their marriage.

Is the vehicle personal property?

Personal substitute for goods goods in personal property. For example, if one of the spouses had premarital car your wife personal property. New for the same price as the sale of the car car if it is taken car in personalty substitute goods and personalty continues to be.

Is a spouse’s salary personal property?

To give more concrete examples, spouse’s salaryAcquisitions such as wages, profits, earnings, tips, salaries, weekly transfers, etc. are acquired in accordance with the Turkish Civil Code. goods It is accepted.

Are donations made to a spouse considered personal property?

Donationsince it is obtained through gratuitous earning personalty status and acquired goods not in status. So other inspiration There is no right to participate in these goods.


How to Share House and Car in Divorce?

According to the current Civil Code, the legal property regime is the “Participation Regime in Acquired Property”. That is, there is no need to make a contract when getting married. As a rule, all property purchased immediately after the spouses sign the marriage certificate will be shared in half, as a rule, during the divorce.

Is the money in the bank shared in divorce?

Spouses jointly and severally during the continuation of the marriage union bank they can open an account. Unless otherwise agreed, the parties in the joint account money owns half of it. If one of the parties has withdrawn more than its share in the joint account, it is liable to the other account holder for the excess.

How to share household items in divorce?

According to the current Civil Code, the legal property regime is the “Participation Regime in Acquired Property”. That is, there is no need to make a contract when getting married. So to speak, all the goods purchased immediately after the spouses signed the marriage book, divorce As a rule, it will be shared in half.

Who gets the car after divorce?

Any house donated to one of the spouses during the marriage, car, money or anything of monetary value is the personal property of the donated spouse. So, the other wife divorce cannot claim any rights on these goods during the division of goods.

Can spouses sell goods without knowing each other?

Owner of the family residence inspirationother inspiration Transfers and savings made without his consent are considered “corrupt registration”. In case the necessary consent is not obtained, the disposition process is suspended and void.


Is money in the bank personal property?

Goods all property belonging to one of the spouses at the beginning of the regime goodsregardless of its source or how it was acquired. personalty counted (TMK. Art. 220/2). so goods at the beginning of the regime bank funds in their accounts are owned by each spouse. personal property.

Is the car acquired property?

substitute for personal property goods It is also personal property. For example, if one of the spouses had premarital car it is your spouse’s personal property. your car new for the same price as the sale car if it is taken car also personal goods substitute goods and personal goods continues to be.

Is the money in the bank account acquired property?

In this context, for example, after the spouses’ marriage (goods during the continuation of his regime) the money they earned, the house they bought, the car, in the bank accumulated moneyas a rule, the profit share of a commercial enterprise acquired it is property12.

Who owns the car after the divorce?

Any house donated to one of the spouses during the marriage, car, money or anything of monetary value is the personal property of the donated spouse. That is, the other spouse cannot claim any rights on these goods during the division of property in case of divorce.

Can household items be requested in a divorce case?

Home stuffrequests for dowry and other personal belongings divorce They are not requests in the nature of an attachment (ancillary). Because, divorce suit as can be sued with divorce suit It can also be sued after it expires.


How are divorce household items shared?

According to the current Civil Code, the legal property regime is the “Participation Regime in Acquired Property”. That is, there is no need to make a contract when getting married. So to speak, all the goods purchased immediately after the spouses signed the marriage book, divorce As a rule, it will be shared in half.

Can my spouse sell the house without asking me?

It is enough for all spouses who want to live safely in their house to go to the land registry office and register the house they live in as “family house”. Thus, although only one of the spouses is officially named in the deed, the other spouse cannot sell the flat without the knowledge and approval of both spouses.

Do you need to get signature from your spouse when selling a house?

The transfer of the family residence by the beneficiary spouse and the limitation of the rights on the residence depend on the express consent of the other spouse. Without this consent, the savings related to the housing is invalid.


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