principles
179 of the TCC. in accordance with the article, the provisions related to the regime to which the spouses are bound will be applied in the liquidation of the property regime. Accordingly, the liquidation of a property acquired during the separation of goods regime will be subject to the rules related to the separation of goods regime, and if it was acquired after 01.01.2002, the rules related to the legal regime of goods will be applied during the participation regime of acquired goods, that is, after 01.01.2002.
In case of transition to the extraordinary property regime, i.e. separation of goods, liquidation is carried out in accordance with the regime applicable in the previous period. (m.212) According to the execution law, when divorce and annulment cases filed before the entry into force of the Civil Code are concluded with acceptance, the procedure is carried out according to the liquidation and separation of property regime. (Article of the Law No. 4722.10/2) If it is decided to divorce the marriage, the provisions related to divorce shall also be applied to the liquidation of the property separation regime. (m.158/2 and m.160)
– Acquired goods that are available at the time of termination of the property regime (when the divorce case is opened) are taken into account (m. 235)
-The cost of the acquired goods at the time of liquidation is included in the receivable amount.
-The value of the goods to be added is calculated based on the date of transfer of the goods. However, this practice is unfair as it is an arrangement in favor of the malicious saver. Supreme Court 8. The Legal Department has produced a solution in the form of the present value of the immovable property on the date of transfer.
– In order to be able to talk about liquidation, the marriage union and the property regime must end with death, divorce, cancellation or transition to another property regime.
-Liquidation can be requested by spouses or heirs.
– The moment of liquidation refers to the time when the liquidation was actually carried out.
– Liquidation is carried out according to the market value of the goods (m.232)
-If required by special circumstances, the calculated value is increased at an appropriate rate (md. 234)
– The living conditions of the surviving spouse, the purchase price of the agricultural enterprise, the investments made by the spouse or their financial situation are considered to be a special case.
-Each of the spouses is obliged to take back the property of the other spouse (md. 236).
Sample case petition
…….. On-Duty Family Court
PLAINTIFF: xxxx (Turkish Identity Number)
address:
DEPUTY CHAIRMAN
address:
DEFENDANT: YYYY(TCKN)
address
STATUS: Liquidation of the Property Regime
SUBJECT: Contribution Share, Value Increase Share and Participation Share Requests.
descriptions:
The parties got married on 1.1.1983 and there is a divorce Decal between them. …. There is an ongoing divorce case in the Family Court….. Since the divorce case was filed on Dec. 20.01.2021, the goods between the date of marriage and the date of filing the divorce case constitute the request for the liquidation of the property regime.
The parties did not enter into any property regime agreements when they got married and after. Since their marriages cover the periods before and after the applicable Turkish Civil Code, the property regime to be applied is 10/1 of the Code of Practice No. 202/1 of the Turkish Civil Code. it must be determined in accordance with the article.
Therefore, the separation of goods regime applies to goods between 1 Dec. 1983 and 31 Dec. 12, 2001, the date of marriage, and the accession regime to acquired goods applies to goods between 1 Dec. 10, 2001, the date of filing the divorce case. In this context, we embody our claims in the following way:
1- Although there is a store that the defendant purchased on his behalf in 1982, we have no claim on this store because it was acquired before the marriage. However, …. from the rental income of this store at the address …. there is a request for receivables from the participation deposited to the bank.
2- On the other hand, it is stated that the plaintiff will receive a contribution share on the apartment registered as … in the title deed by selling and using the defendant’s trappings in 1998.
3- Since the plaintiff contributed 50,000 TL from his father to the land acquired on behalf of the defendant in 2008 and registered as … in the title deed, there is a request for an increase in value due to the existing land. Dec.
4-The plaintiff requests a 50% participation share on the vehicle with license plate … which he acquired in 2019, when the regime of participation in goods acquired in a marital union was in force and registered on behalf of the defendant.
EVIDENCE Population Family Registration Table, Land Registry and Traffic Records, Witness
LEGAL REASON: Article 227, Article 236, Article 339 and related legislation
Demand and Result: For the reasons described above;
Liquidation of the property regime of the parties and Article 107 of the CCP. with the possibility provided for in the article, the right to request and sue for the excess part is reserved,
1-On behalf of the defendant … in exchange for the rental income deposited to his bank, he will receive 1000 TL participation for now,
2-For the time being, he will receive a contribution of 1000 TL for the apartment registered as … in the title deed on behalf of the defendant,
3- In the deed on behalf of the defendant for now …. 20.000 TL for the land registered as Dec.,
4- Registered in the name of the defendant … for the vehicle with the license plate, it was decided that he would receive a participation fee of 10,000 TL for the time being and that it should be given to the plaintiff,
5-Application of interest from the date of the case for receiving a contribution, and for other receivables from the date of the decision,
6-The real estate subject to the lawsuit, concrete and receivable claims have been finalized, and we request that an injunction be issued in order to prevent the sale and transfer of all real estate and vehicles to third parties in accordance with the Decisions of the Supreme Court. 28.06.2021
The Plaintiff’s Lawyer
Lawyer ZZZZZ
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