PRINCIPLES
TMK m.179 in accordance with the liquidation of the property regime, the provisions related to the regime to which the spouses are bound are applied. Accordingly, if the liquidation of a property purchased during the separation of goods is related to the separation of goods regime, if it was acquired after 01.01.2002 in the period related to the participation in the acquired goods regime, the rules related to the legal goods regime apply.
In case of transition to the extraordinary property regime, that is, the separation of goods, liquidation is carried out according to the regime applicable in the previous period. (m.212) Divorce and annulment cases filed before the entry into force of the civil code in accordance with the effective law will be processed according to liquidation and separation of property when they result in acceptance. (Law No. 4722 m.10/2) In the event of a decision on the butlan of marriage, the provisions related to divorce are also applied in the liquidation of the property regime. (m.158/2 and m.160)
-At the time of termination of the property regime (when the divorce case is filed), the existing acquired goods are taken into account. (m.235)
-The values of the acquired goods at the time of liquidation are put into receivables.
-The value of the goods to be added is calculated based on the date of transfer of the goods. However, this practice is not fair as it is an arrangement in favor of the malicious disposer of the goods. Supreme Court 8.As a solution, the Legal Department has produced a solution in the form of the present value of the moment when the property is transferred.
-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.
-Spouses or heirs can request the liquidation.
-The moment of liquidation actually refers to the time when the liquidation was carried out.
-The release value of the goods is taken as the basis for liquidation. (m.232)
-If special circumstances require, the calculated value is increased by the appropriate amount. (m.234)
-The living conditions of the surviving spouse, the purchase value of the agricultural enterprise, the investments made by the spouse or their financial situation are considered special cases.
-Each spouse takes back the goods that are in the other spouse. (m.236)
SAMPLE CASE PETITION
…….. On Duty Family Court
PLAINTIFF: XXXX (TCKN)
address:
attorney:
address:
DEFENDANT: YYYY(TCKN)
address:
THE CASE:Liquidation of the Property Regime
SUBJECT: It is Related to the Requests for Which he will Receive a Contribution Share, an Increase in Value Share and Participation.
descriptions:
The parties were married on Dec. 1.1.1983 and between them …. The Family Court …. in fact, there is a divorce case that is being considered. 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 claims for the liquidation of the property regime.
The parties did not enter into any property regime contracts when they got married and afterwards. Since their marriages cover the periods before and after the current Turkish Civil Code, the property regime to be applied must be determined in accordance with Article 10/1 of the Code of Practice 202/1 of the Turkish Civil Code.
Therefore, the separation regime of goods applies to goods between Dec. 1.1.1983 and 31.12.2001, and for goods between Dec. 1.1.2001 and the opening of the divorce case, the accession regime applies to acquired goods. In this context, we embody our receivable requests as follows:
1-Although the defendant has a store on his behalf that he bought in 1982, we do not have any claims regarding this store because it was acquired before the marriage union. However…. this store at his address has a request that he will receive participation from the rental income deposited in his bank.
2-On the other hand, the plaintiff has a contribution fee on the apartment registered as … in the title deed, which was purchased on behalf of the defendant in 1998 by selling and using the trappings of the plaintiff.
3-Since the plaintiff contributed to the land acquired on behalf of the defendant in 2008 and registered as … in the title deed with 50,000 TL he received from his father, there is a request that he will receive an Decrement increase in value due to the existing land.
4-There is a 50 percent participation fee on the vehicle with license plate acquired on the date of 2019, when the regime of participation in goods acquired in the marriage union is valid and registered in the name of the defendant.
EVIDENCE: Population Family Registration Table, Land Registry and Traffic Registration Records, Witness
LEGAL REASON:TMK m.227, m236, m339 and related legislation
Demand and RESULT: For the reasons described above,
With the liquidation of the property regime of the parties, HMK m.provided that the opportunities provided by 107 are evaluated and the right to claim and sue for excess is reserved,
1-On behalf of the defendant … for the rental income deposited to his bank, he will receive 1000 TL participation for now,
2-The defendant will receive a contribution of 1000 TL for the apartment registered in the title deed … for now,
3-In the deed on behalf of the defendant …. for the land registered as currently 20.000 TL will receive a Decrement increase in value,
4-For the vehicle with the license plate registered in the name of the defendant, it is currently 10.o00 TL to be given to the plaintiff by ruling that he will receive a participation fee,
5-Since he will receive a contribution share, interest will be applied from the date of the case, from the date of the decision for other receivables,
6-The immovables subject to the case are concrete and the claims for receivables are determined, in accordance with the Decisions of the Court of Cassation on all immovables and vehicles 3. we request that a decision be made to apply an injunction to prevent the sale and transfer to persons. 28.06.2021
Plaintiff’s Attorney
Av. ZZZZ