During the continuation of the goods regime, in the acquired goods owned by one spouse, the other spouse has the right to participate at a rate of half of the residual value.
He will no longer receive participation in the value; one of the values to be added (TMK m. 229) and without equalization (TMK m. 230), including the amounts obtained, the spouse’s acquired property (TMK m. 219) from the total value, the residual value remaining after the debts related to these goods have been deducted (TMK m. 231) the other spouse over half is entitled to receivables (TMK m. 236/1). Participation is a right arising from the Law that he will receive, and the spouse who claims this right does not need to have income or contribute to the acquisition, improvement or protection of this asset.
When calculating the amount of receivables to participate in the residual value, the version (fair) values of the goods available at the time of the expiration of the goods regime are taken as a basis, based on their status at that date, but not on the date of liquidation (TMK m. 227/1, 228/1, 232 and 235/1). According to the practices of the Supreme Court, the date of liquidation is the date of the decision. A person who claims that a certain property belongs to one of the spouses,
he is obliged to prove his claim. Goods belonging to which of the spouses cannot be proved are considered their shared property. All property of a spouse is considered acquired property until proven otherwise (TMK m. 222).
If it is deemed necessary to make the above value determination, determination and calculations, the expert expert or expert witnesses of the subject should also be assisted.
In case a sample:
The spouses were married on 22.01.2007 and divorced when the provision on the acceptance of the divorce case filed on 19.09.2008 was finalized on 09.03.2011.
The goods regime has expired as of the date of filing for divorce (TMK m. 225/last). Since it is not claimed that any other goods regime has been selected by the contract, the separation of goods from the date of marriage until 01.01.2002, when TMK 4721 entered into force (TKM 743 m. 170), if from this date until the date of termination of the goods regime, the regime of participation in the acquired goods applies (article of law No. 4722. 10 a.m. 202/1).
In the liquidation of the goods regime, the provisions related to the regime to which the spouses are bound are applied (TMK m. 179).
Parcel No. 511 immovable subject to liquidation OK, between the spouses of possible answers is true 19.02.2008 on 1/4 stock immovable parcel No. 473, 30.04.2008 on parcel No. 474 1/4 immovable stock purchased on 30.04.2008, the defendant has been registered on behalf of a spouse.
All of the defendant No. 511 parcel immovable subject to liquidation, 473, 474 parcel No. and immovable, 1/4 of possible answers where you purchased the stock in the current period, between spouses, the defendant’s real property that was purchased by his father claimed.
However, while the defendant had to prove with concrete evidence that the real estate was his personal property, it could not be proved with concrete and available evidence other than the witness statement that the real estate was purchased by the defendant’s father.
The court decided that all the real estate numbered 511 parcels subject to liquidation and 1/4 of the real estate numbered 473 and 474 parcels were considered acquired property.