1. Basic Legal Presumption and the Principle of Acquired Property

Pursuant to Article 222 of the Turkish Civil Code (TMK), all property of a spouse is considered “acquired property” until proven otherwise. Supreme Court decisions (8th Civil Chamber 2014/17630, 2015/22086, 2010/2909 K) emphasize that bank accounts opened and into which money is deposited during the continuation of the marriage union will, as a rule, be considered acquired property and subject to liquidation. The fact that the account is registered only in the name of one spouse does not change the nature of that money as acquired property.

2. Burden of Proof and Claim of Personal Property

The spouse who claims that a specific property belongs to them as personal property is obliged to prove this claim (TMK Art. 222/1).

Situations Considered Personal Property: Money inherited, assets acquired through gratuitous acquisition (gift/donation), or assets owned before marriage are considered personal property (3rd Civil Chamber 2020/10206 K, 8th Civil Chamber 2013/18308 ).

Means of Proof: A claim of personal property must be proven with bank records, account transactions, inheritance certificates, or witness statements supported by concrete evidence. Abstract witness statements alone are not considered sufficient for proof (8th Civil Chamber 2014/4585, 2013/19825 K).

Income from Personal Property: Income from personal property (e.g., inherited money) obtained during the marriage, including interest or dividend income, is considered acquired property under Article 219/2 of the Turkish Civil Code (TMK) and is subject to sharing (2nd Civil Chamber 2022/4994 , 8th Civil Chamber 2011/44 ).

3. Liquidation Date and Determination of Current Value

In the liquidation of the property regime, the date the divorce case was filed (the date the property regime ended) is taken as a basis.

Current Asset: As a rule, the participation claim is calculated based on the balance in the bank account on the date the divorce case was filed (8th Civil Chamber 2014/17121).

Values to be Added (TMK 229): If one of the spouses, with the intention of reducing the other spouse’s participation claim, withdraws money from an account or closes the account a short time before the divorce case, these amounts are considered “values to be added” and are included in the liquidation as if they were still in the account (8th Civil Chamber 2014/17630 , 2012/10826, 2nd Civil Chamber 2024/6166 K).

Defense of Expenditure: The spouse claiming that the money withdrawn from the account was spent for the expenses of the marital union must prove this expenditure. Withdrawals in amounts contrary to the ordinary course of life are considered to be in the possession of the spouse unless the expenditure is proven (8th Civil Chamber 2014/14937, 2014/4585).

4. Sharing Ratio and Participation Claim

In the liquidation of money in a bank account that constitutes acquired property, the other spouse has the right to a participation claim in the amount of half of the “surplus value” (TCC art. 231, 236/1). The court makes a decision by having an expert examination conducted on the bank account movements, determining the source of the money (distinction between personal/acquired) and its value on the date the property regime ended (8th Civil Chamber 2014/2068, 2014/494 K).

5. Secondary Sources and Additional Context

According to information obtained from secondary sources:

In joint accounts, shares are presumed to be equal unless proven otherwise. One of the spouses withdrawing all the money in a joint account does not mean that all of that money belongs to them (13th Civil Chamber 2012/13698 , 8th Civil Chamber 2013/223

If the price of an immovable property acquired within the marital union is paid with savings from one of the spouses’ bank accounts, the nature of the money in that bank account (whether it is personal or acquired) directly affects the ownership ratio of the immovable property (Opinion 16.01.2019, 8th Civil Chamber 2017/12599 ).

If all savings, including salary accounts, are accumulated in one spouse’s account, the burden of proof that these monies were spent for the marital union lies with the spouse holding the money (2nd Civil Chamber 2023/2149 ).

Conclusion: According to the established jurisprudence of the Court of Cassation, money in a bank account registered in the name of one of the spouses, if it consists of income acquired during the marital union or if its source cannot be proven, is considered acquired property and is subject to equal division (half share). A claim of personal property can only be excluded from division if proven with concrete and verifiable evidence.

Why is Expert Lawyer Support Necessary?

Bank accounts, in the liquidation of property regimes, are one of the most frequent sources of dispute and where errors in proof lead to the most costly outcomes.
Misinterpretation of account movements, failure to correctly distinguish between personal property and acquired property, or incorrect defense of money transfers before divorce; can lead to the loss of high-value participation claims.

In particular;

Proof of inheritance and gift monies

Segregation of salary and savings accounts

Whether money withdrawn before divorce will be considered an “added value”

Issues such as correctly guiding expert examination require expertise in the jurisprudence of the Court of Cassation.

On the Anatolian Side of Istanbul; especially in Tuzla, Kartal, Pendik, and Maltepe, in bank account, property division, and participation claim cases, 2M Law Firm, based on current Court of Cassation practice, provides effective litigation strategy, evidence management, and legal consultancy to prevent loss of rights. A single error made in bank accounts can change the entire property division.