1. Basic Legal Principle: Moment of Termination of the Matrimonial Property Regime
In accordance with Article 225/last of the Turkish Civil Code (TMK), the matrimonial property regime between spouses terminates as of the date the divorce case is filed. This point is consistently emphasized in Supreme Court decisions as: “The matrimonial property regime terminated as of the date the divorce case was filed” (Supreme Court 8th Civil Chamber, 2015/539 E., 2016/7611 K.; 2019/6000 E., 2019/10813 K.). According to this rule, the period from the marriage date until the divorce case is filed is evaluated within the scope of the “regime of participation in acquired property”, while the period after the case is filed is outside this regime.
2. Status of Assets Acquired After the Divorce Case is Filed
As a rule, assets acquired after the divorce case is filed are not included in the liquidation of the matrimonial property regime. This situation has been concretized in various decisions of the 8th Civil Chamber of the Supreme Court as follows:
Immovable Properties and Vehicles: Immovable properties and vehicles purchased and registered after the divorce case is filed are excluded from liquidation on the grounds that they were acquired after the termination of the matrimonial property regime (Supreme Court 8th Civil Chamber, 2015/7981 E., 2015/17457 K.; 2015/8570 E., 2015/18663 K K.).
Incomes: Rental incomes obtained from immovable properties acquired after the case is filed cannot be subject to liquidation for the same reason (Supreme Court 8th Civil Chamber, 2015/8570 E., 2015/18663 K.).
Cases Abroad: The termination date of the property regime can also be the date of a divorce case filed abroad. Assets acquired after this date are excluded from sharing (Supreme Court 2nd Civil Chamber, 2022/8558 E., 2024/170 K.; 2022/4909 E., 2023/1235 K.).
3. Criteria and Exceptions Taken as Basis in Liquidation
The criterion of “being in existence at the time of the termination of the property regime” is essential in determining the assets subject to liquidation (Turkish Civil Code art. 235/1).
Valuation of Existing Assets: Acquired assets existing at the time of the termination of the property regime are accounted for based on their current market values at the date of liquidation (closest to the decision date) (Supreme Court 8th Civil Chamber, 2011/5844 E., 2012/1995 K.; 2015/911 E., 2016/8977 K.).
Values to be Added (Turkish Civil Code art. 229): Gratuitous acquisitions made without the consent of the other spouse within one year prior to the termination of the property regime, or transfers made with the intent to reduce the share in acquired property, are included in the liquidation as if they existed at the time the property regime terminated (Supreme Court 8th Civil Chamber, 2014/11735 E., 2015/19622 K.; 2016/5631 E., 2018/14565K.).
Determination of Acquisition Date: Even if the land registry registration of an asset is after the lawsuit date, if the actual acquisition (purchase) date is before the lawsuit date, this asset is included in the liquidation (Supreme Court 8th Civil Chamber, 2014/25884 E., 2015/21128K.).
4. Secondary Sources and Additional Context
The decisions considered as secondary sources contain the following additional details regarding the period after the divorce case is filed:
Credit Payments: For an asset acquired with a loan during the continuation of the property regime, loan debts extending into the period after the divorce case is filed must be considered as debt during liquidation and proportionally deducted from the asset’s total value (Court of Cassation 8th Civil Chamber, 2015/8149 E., 2016/16471K.).
Sales After Lawsuit: If an asset existing at the time the property regime ended was disposed of after the lawsuit was filed but before liquidation; unless it is proven that this asset was spent on marital union expenses, it must be included in the calculation as if it still existed during liquidation (Court of Cassation 8th Civil Chamber, 2014/20957 E., 2016/1791 K.).
Rule of Good Faith: In some special cases, if it is determined that despite the rejection of the first divorce case, the parties did not reunite and there was an abuse of right, the date of the first lawsuit can be taken as the termination date of the property regime (Court of Cassation 8th Civil Chamber, 2012/5100 E., 2013/352 K.).
Conclusion: According to judicial decisions, assets acquired after a divorce case is filed are generally not included in the division; because the property regime definitively ends on the date the lawsuit is filed. Division is limited only to assets existing on the date of the lawsuit or those deemed to be “added value” under Article 229 of the Turkish Civil Code (TMK).
Boşanma davası açıldıktan sonra alınan ev veya araç mal paylaşımına girer mi?
Hayır. Türk Medeni Kanunu m.225 uyarınca mal rejimi boşanma davasının açıldığı tarihte sona erer. Bu tarihten sonra edinilen ev, araba veya diğer mallar kural olarak mal paylaşımına dahil edilmez.
Tapu veya tescil boşanmadan sonra yapıldıysa mal paylaşımı tamamen dışlanır mı?
Her zaman hayır. Eğer bir malın asıl edinme tarihi (satın alma, bedel ödeme) boşanma davasından önceyse, tapu veya tescil daha sonra yapılmış olsa bile bu mal tasfiyeye dahil edilebilir.
Boşanma davasından sonra satılan mallar paylaşım dışında mı kalır?
Hayır. Dava açıldığı tarihte mevcut olan bir mal, tasfiye tamamlanmadan satılmışsa; satış bedelinin evlilik birliği giderlerinde harcandığı ispatlanmadıkça, mal tasfiyede hala mevcutmuş gibi hesaba katılır.
Why is Expert Lawyer Support Necessary?
In divorce cases, the termination date of the property regime is a critical point that is most frequently misjudged in practice and can lead to significant financial losses. Especially;
Should the acquisition date or the registration date of the asset be taken as a basis?
Are goods acquired after the lawsuit truly outside the scope of division, or are they an exception?
Have values to be added within the scope of Turkish Civil Code (TMK) Article 229 been properly asserted?
Have loans paid after the lawsuit received debt reduction in the correct proportion?
For sold goods, has the market value closest to the date of the decision been taken as a basis?
such as extremely technical matters that do not tolerate errors.
A wrongly initiated lawsuit or an incomplete legal assessment may lead to the complete rejection of the property division claim, the incorrect calculation of the participation receivable, years-long litigations, and significant financial losses.
For this reason, working with an experienced lawyer in Istanbul, especially a Tuzla divorce lawyer, property division lawyer, and in the field of family law, is vitally important. 2M Hukuk Law Office,
based in Istanbul, serves in Tuzla, Pendik, Kartal, Maltepe, Kadıköy, and other important districts of the Anatolian Side;
Divorce cases
Liquidation of marital property regime
Goods acquired after the lawsuit
Regarding claims for participation receivable and value increase share, it offers legal consultancy based on Supreme Court precedents, which is strategic and results-oriented.
