1. General Legal Framework and Burden of Proof
According to Article 220/2 of the Turkish Civil Code (TMK), assets acquired by a spouse through inheritance or gratuitous acquisition in any way are considered personal property by law. However, according to TMK Art. 222/3, all assets of a spouse are considered acquired property until proven otherwise. Therefore, the burden of proving that money coming from the family (mother, father, sibling) is personal property rests on the spouse asserting this claim. In Supreme Court decisions, merely “having made a bank transfer” is not considered sufficient to prove the intention to donate; the intention to donate is required to be supported by concrete evidence.
2. De Facto Presumption in Asset Transfers from Parents
According to the established jurisprudence of the 8th Civil Chamber of the Supreme Court (Court of Appeals) (2015/2558 E., 2019/2221 E. K, 2017/9954 E. K), assignment transactions made to spouses by close relatives such as mothers and fathers are considered gratuitous transfers (donations) according to the ordinary course of life, even if they are shown as “sale” or “for consideration” in official records. This situation is evaluated as a “de facto presumption,” and this asset is presumed to be personal property. The party claiming the contrary of this presumption, i.e., that the transaction was a genuine sale, is obliged to present strong and convincing evidence (payment records, etc.) that the sale price was paid. Abstract witness statements are not considered sufficient to refute this presumption.
3. Proof of Donation Intent and Witness Testimony
In order for money coming from the family to be considered personal property, the intent to donate must be proven unequivocally.
Witness Statements: The Supreme Court accepts that the family members who sent the money should be heard in person as witnesses and declare that the money was given as a “donation, not a loan” as critical evidence (2013/18308 E. K, 2011/128 E. K, 2015/7311 E.).
Requirement for Concrete Evidence: If a personal property claim is based solely on witness statements, and the source of the money (from which account it was withdrawn, how it was transferred) is not substantiated, the claim is rejected (2016/12628 E. K, 2013/3753 E. K).
Bank Records: Wire transfer receipts and bank statements constitute strong evidence when supported by witness testimonies (2012/5755 E. , 2014/19955 E.).
4. Inheritance and Aid from Siblings
Monies inherited or proceeds from the sale of inherited property are considered personal property according to Article 220 of the Turkish Civil Code (TMK). The fact that this money has been deposited into a joint account does not alter its character as personal property (3rd Civil Chamber 2020/10206 E.). Aid from siblings or jewelry (e.g., gold bracelets given by a sibling) are also considered personal property if proven to be donations and are taken into account as a value increment share or personal property claim in liquidation (2010/5750 E., 2013/19806 E.).
5. Consequence of Unproven Situations
If a claim of contribution from the family cannot be proven with evidence such as bank statements, payment records, or credible witness testimony, the asset in question is considered acquired property and included in the liquidation (2012/2636 E. , 2012/11340 E. 2012/11057 E.. Furthermore, in money transfers between spouses, unless the “intention to donate” is clearly proven, it becomes difficult to qualify this as a donation, assuming it was made for the purpose of “solidarity and a common future” (2013/5325 E. 2013/2260 E.
6. Secondary Sources and Additional Context
Decisions classified as secondary sources provide the following additional contexts regarding money from the family being considered personal property:
Nature of Transfer: A transfer is, as a rule, a means of payment; it is not considered a donation on its own unless the intention to donate is clearly stated or proven on the receipt (Samsun ATM 2017/408 E
Transfers Between Spouses: Spouses giving money to each other is in line with the ordinary course of life, and if there is no clear declaration suggesting a donation, this situation can be classified as a contribution, not a donation (8. HD 2011/7695 E
Title Deed Records: The registration of the transaction as a “donation” in the title deed record is accepted as conclusive evidence for proving the nature of personal property (8. HD 2015/12675 E.
Wedding Jewelry and Money: Unless there is an agreement to the contrary, jewelry and money given at a wedding are considered donated to the woman and acquire the nature of her personal property (HGK 2018/345 E. Source).
Anne veya babadan gelen para boşanmada paylaşılır mı?
Hayır, ispatlandığı takdirde paylaşılmaz. Anne-babadan karşılıksız olarak (bağış veya miras) gelen para kişisel mal sayılır. Ancak bu durumun somut delillerle ispat edilmesi şarttır. İspatlanamazsa edinilmiş mal kabul edilir ve mal paylaşımına dahil edilir.
Banka havalesi aileden geldiği için otomatik olarak bağış sayılır mı?
Hayır. Yargıtay’a göre sadece banka havalesi yapılmış olması, bağış iradesini tek başına kanıtlamaz. Havalenin bağış olduğunun; tanık beyanı, dekont, gönderici iradesi gibi delillerle birlikte ispatlanması gerekir.
Miras parası ortak hesaba yatırılırsa kişisel mal olmaktan çıkar mı?
Hayır. Miras yoluyla gelen para, ortak hesaba yatırılmış olsa dahi kişisel mal niteliğini kaybetmez. Ancak bu paranın harcanma şekli ve nereye aktarıldığı, tasfiye sırasında ayrıca değerlendirilir.
Why is Expert Legal Support Necessary?
Claims regarding money from family, inheritance, donations, and contributions are among the most disputed and most difficult to prove issues in divorce cases. Especially a large portion of individuals seeking a Tuzla divorce lawyer, Tuzla lawyer, or property division lawyer experience significant loss of rights due to the following critical mistakes:
Most Common Mistakes
The idea that “a bank receipt is sufficient”
Failing to support the intent of donation with witness testimony
Failure to have parents heard as witnesses
Failure to trace the inheritance or donated money
Wrong type of lawsuit (incorrect claim instead of participation claim)
As a result of these mistakes, money from the family is considered acquired property and shared, leading to irretrievable financial losses.
Why Do These Cases Require Expertise?
Because in these cases;
Joint interpretation of articles 220-222 of the Turkish Civil Code (TMK)
Correct reading of the Court of Cassation’s de facto presumption practices
Converting witness + bank records into a chain of evidence
Legal differentiation of whether it is a donation, a debt, or a contribution
The distinction between personal property – value increase share – and participation claim must be correctly established. These technical distinctions can only be properly made by a lawyer specializing in family law and property regime liquidation.
For Istanbul – Tuzla and the Anatolian Side
In Istanbul, experience is decisive in these cases, especially for those seeking a Tuzla divorce lawyer, a Tuzla lawyer, a family lawyer, and a property division lawyer. 2M Hukuk Law Office, based in Istanbul, serves in Tuzla, Pendik, Kartal, Maltepe, Kadıköy, and all other important districts of the Anatolian Side;
Claims regarding money and inheritance from family
Property division cases in divorce
Claims for participation share and value increase share
On issues regarding disputes based on proof of personal property, it provides legal services that are based on Supreme Court precedents, evidence-oriented, and results-focused.
