Katkı payı alacağı ile katılma alacağı arasındaki fark nedir?
Katkı payı alacağı, 01.01.2002 öncesi mal ayrılığı rejiminde somut katkıya dayanır.
Katılma alacağı ise 01.01.2002 sonrası edinilmiş mallara katılma rejiminde, katkı şartı aranmaksızın kanundan doğar.
Ziynet eşyaları hangi alacak türüne girer?
Ziynet eşyaları kişisel maldır. Taşınmaz veya araç alımında kullanılmışsa değer artış payı alacağı doğurur.
Hiç çalışmayan veya ev hanımı olan eş katılma alacağı talep edebilir mi?
Evet. Katılma alacağı için çalışmak, gelir elde etmek veya mala katkı sağlamak şart değildir. Bu hak, 4721 sayılı TMK’dan doğan yasal bir haktır. Evlilik süresince ev işleri, çocuk bakımı ve aile düzeninin sağlanması da dolaylı katkı kabul edilir. Yargıtay’a göre, ev hanımı olan eşin katılma alacağı talebi tam ve eksiksiz olarak korunur.
Eşimin tüm malları kendi maaşıyla alınmışsa yine de katılma alacağı isteyebilir miyim?
Evet. Malların kimin maaşıyla alındığı önemli değildir. 01.01.2002 sonrası edinilen mallar, aksi ispat edilmedikçe edinilmiş mal sayılır ve diğer eş bu malların artık değerinin yarısını talep edebilir. “Ben aldım, ben ödedim” savunması, katılma alacağını ortadan kaldırmaz.
1. Claim for Contribution Share
The claim for contribution share concerns assets acquired in the period before January 1, 2002, when the regime of separation of assets was applicable between spouses. According to Article 170 of the Turkish Civil Code No. 743 (TCC), it is a right that arises when, during this period, one spouse contributes money or a tangible value measurable in money (or services) to the assets acquired by the other.
Calculation Method: By obtaining documents related to the spouses’ working periods and incomes, each spouse’s savings rate is determined. This rate is multiplied by the market (current) value of the asset subject to liquidation at the date of the lawsuit to calculate the amount of the claim.
Concrete Examples:
Supreme Court 8th Civil Chamber (2016/21531 E.): It has been stated that if cooperative payments are completed before January 1, 2002, a claim for contribution share will arise in favor of the spouse.
Supreme Court 8th Civil Chamber (2014/10728 E. K): For a vehicle acquired on December 12, 2001 (during the separation of assets regime), it was emphasized that a claim for contribution share could be awarded through a calculation based on the plaintiff’s income documents.
Supreme Court 8th Civil Chamber (2016/6747 E. K): In immovable properties acquired with the earnings of a cafe business, a claim for contribution share was awarded, considering the woman’s continuous work outside of household chores as established.
2. Claim for Value Increase Share
This type of claim, regulated in Article 227 of the Turkish Civil Code (TMK) No. 4721, arises when one spouse contributes to the acquisition, improvement, or protection of property belonging to the other, without receiving any or adequate consideration.
Calculation Method: The ratio of the contribution’s value at the date it was made to the total value of the property at that date is determined. This ratio is multiplied by the property’s current market value at the date of liquidation (decision). If there is a loss of value, the initial value of the contribution is taken as the basis.
Concrete Examples:
8th Civil Chamber of the Court of Cassation (2014/5161 E. K): The plaintiff’s contribution to the acquisition of an immovable property by providing jewelry (totaling 78,000 TL in value) received from their mother and saved by themselves, was accepted as a claim for value increase share.
8th Civil Chamber of the Court of Cassation (2017/11393 E. ): The substantial renovations (kitchen/bathroom renovation, combi boiler, PVC, parquet flooring) made by the man to the immovable property, which was the woman’s personal property, were subject to a claim for value increase share.
8th Civil Chamber of the Court of Cassation (2012/4285 E. K): It has been stated that in cases where jewelry is liquidated for the purchase of an immovable property and improvement expenses are incurred, these personal contributions should be calculated as a value increase share.
3. Participation Claim (Participation in Residual Value)
According to Articles 231 and 236/1 of the Turkish Civil Code (TMK), it is a right arising within the scope of the “participation in acquired assets regime”, which became effective after 01.01.2002. It is the right of a spouse to claim half of the “surplus value” remaining after deducting the debts related to the acquired assets from the total value of the acquired assets belonging to the other spouse on the liquidation date.
Key Feature: The right to participation arises from the law. The spouse claiming this right does not need to have an income or make a concrete contribution to the acquisition of the asset.
Calculation Method: (Acquired Assets + Added Values + Equalization Amounts) – Debts = Surplus Value. The participation claim is half of this amount.
Concrete Examples:
Supreme Court 2nd Civil Chamber (File No. 2022/7816): It was ruled that 170,000 TL, which is half of the value (340,000 TL) of the immovable property registered in the name of the defendant in 2012 and determined to be an acquired asset on the date of discovery, should be paid as a participation claim.
Supreme Court 8th Civil Chamber (File No. 2012/10180 Decision): It was ruled that even if a vehicle acquired during marriage becomes a total loss after the termination of the property regime, half of the surplus value calculated based on the insurance payout should be given as a participation claim.
8th Civil Chamber of the Court of Cassation (2013/18697 E. K): A claim for participation was ruled based on half of the surplus value calculated from bank loans and cooperative installments paid after 2002.
Additional Information Obtained from Secondary Sources
The following points have been compiled from secondary sources to provide additional context where there is limited information in the decision texts:
Assets Purchased with Credit: In cases where immovable property is acquired with a loan, the ratio of outstanding debts to the total loan amount as of the date the matrimonial property regime ends is determined; this ratio is multiplied by the value of the immovable property on the liquidation date, the debt amount is deducted, and the claim is calculated based on the remainder (Court of Cassation, 8th Civil Chamber 2015/3720 K).
Values to be Added (TCC 229): Gratuitous dispositions made without the consent of the other spouse within one year prior to the end of the matrimonial property regime, or transfers made with the intent to reduce the claim for participation, are included in the liquidation as if the property still existed (Court of Cassation, 8th Civil Chamber 2015/22114).
Procedural Rules: In property sharing lawsuits, it is mandatory to clearly specify the requested amount for each asset element (immovable property, vehicle, etc.) in the petition or during the trial; otherwise, the judge cannot rule due to the principle of adherence to the claim (Court of Cassation, 8th Civil Chamber 2015/7852 K).
Interest Commencement: Unless otherwise agreed, interest accrues on the claim for participation and the share of increased value from the date the liquidation ends (decision) (Supreme Court 8th Civil Chamber 2020/2692).
WHY IS EXPERT LAWYER SUPPORT NECESSARY?
Property division cases are divorce cases where the most technical issues arise and the most rights are lost.
Especially in claims for contribution share, value increase share, and participation receivables:
Basing claims on the wrong type of receivable
Incorrect application of the 01.01.2002 distinction
Failure to clarify claim items
Using an incorrect calculation method
Incorrect determination of the interest commencement date can lead to irreparable loss of rights. In divorce and property division cases in the Istanbul Anatolian Side, especially in the Tuzla, Kartal, Pendik, Tepeören, Gebze and Çayırova regions,
files handled by an expert family law attorney yield results consistent with Supreme Court precedents and are sustainable. 2M Law Firm,
offers strategic and technical case management in post-divorce matrimonial property liquidation, contribution share, and participation claims.
