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Liquidation in the Participation in Acquired Assets Regime

5 Mayıs 2026 Family Law 1 dk okuma 42 görüntülenme

TMK Article 218 et seq.: Legal property regime of couples married after 2002 participation in acquired property.

Acquired Property

  • Properties acquired in return for marriage
  • Income such as salaries, wages, royalties
  • Increases of these as a result of investment

Personal Property

  • Pre-marriage assets
  • Acquired by inheritance
  • Donated
  • Pecuniary compensation
  • Personal use goods

Liquidation Process

  1. Determination of assets
  2. Acquired/personal distinction
  3. Deduction of debt
  4. Residual value calculation
  5. Half and half sharing

Duration

  • 10 years after the divorce decision is finalized
  • If the period is missed, the right is forfeited

Supreme Court 8. HD

8. HD accepts that "presumption of acquired property" operates in the liquidation of the property regime and that the proof of the personal property claim is up to the plaintiff.

Family and property regime lawyer is recommended.

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