Market news

Division of marital property and payment of state duty.

19.10.2012

Divorce is an unpleasant event but, nevertheless, it is a fact of life.

It is not unusual when relations between spouses lose their charm and even turn into a torture that can become more painful day by day. Unfortunately, at this juncture many married couples separate.

Marital property.

It is of vital importance that a woman has certain moral and legal rights at Divorce. During a Divorce suite a judge can adjudge property belonging to one marriage partner (usually it is a man) as a material consideration to the other marriage partner. Questions relating to the payment of state duty when registering rights to real estate are frequently raised.

 Regime of participation in acquired property.

According to Article 202 of Law No.4721 of January 1st, 2002 of the Turkish Civil Code:

Unless there is a marriage contract providing for a different property regime, the property regime established by operation of law shall be applied to spouses, i.e. the regime of participation in acquired property.

Thus, the regime of joint ownership ofMarital property in relation to the property acquired on or after January 1st, 2002 shall be applied to the spouses who got married by January 1st, 2002 (i.e. prior to the entry into force of new Law No.4721 of the Turkish Civil Code). In case theMarital property is acquired before January 1st, 2002, the regime of separate ownership ofMarital property shall be applied.

So, those spouses who got married before January 1st, 2002 (i.e. prior to the entry into force of new Law No.4721 of the Turkish Civil Code) have equal rights of joint property ownership in relation to the property acquired on or after January 1st, 2002. Otherwise, if one spouse purchased property before January 1st, 2002, the regime of separate ownership shall be applied in case of property division between the spouses.

Date of original acquisition.

Summarizing the abovementioned data:

- In case an item of property acquired on or before January 1st, 2012 that is to be divided is transferred to the other party as a moral consideration, state duty in the amount of 1.6% shall be charged for the registration of the adjudged share (see Financial Law, Part 4, Article 20/а).

- Division of an item of property acquired after January 1st, 2012 shall be carried out within the framework of the legal property regime and, consequently, cannot be considered to be a moral consideration according to the Civil Code. In this case state duty in the amount of 55 Turkish liras shall be charged for each transaction related to the registration of transfer of share ownership to the other spouse (see Financial Law, Part 4, Article 13/с).

Proceeding from the abovementioned data, the date of original acquisition plays an important role for property division.



E-mail:
Password:
Forget password?
Registration