If you live in Antalya and want to initiate the divorce process, it is important to be informed about your rights and obligations regarding asset division. This article provides a general overview of which assets will be divided in the case of a divorce in Antalya.
What is Asset Division?
Divorce can be a challenging and emotional process. For couples living in a place like Antalya, divorce also involves specific legal procedures for the division of assets. Asset division is the process that determines how the assets acquired during the marriage will be divided between the spouses in the event of a divorce. According to the Turkish Civil Code, there are two types of assets in the case of divorce: acquired assets and personal assets.
What are Acquired Assets?
Acquired assets are those assets that each spouse has obtained during the marriage through consideration. In asset division, acquired assets are distributed equally between the spouses. Examples of acquired assets include:
- Real Estate: Real estate acquired during the marriage through consideration is divided equally between the spouses. It is important to note that real estate transferred to one spouse through inheritance is not included in the asset division.
- Vehicles: Vehicles acquired during the marriage through consideration are also included in the asset division and are divided equally between the spouses.
- Money in Bank Accounts: While money accumulated in personal bank accounts before the marriage is considered personal property, money accumulated in bank accounts during the marriage is regarded as acquired property and is divided between the spouses.
What are Personal Assets?
Personal assets are those assets that either belonged to one spouse before the marriage or were obtained during the marriage through inheritance, gift, or for personal use. Personal assets are not included in the asset division and remain with the owner. According to the Turkish Civil Code, personal assets include:
- Items for personal use of a spouse,
- Assets that belonged to one spouse at the beginning of the marriage or that were obtained later by inheritance or another form of gratuitous acquisition,
- Compensation claims for pain and suffering,
- Securities replacing personal assets.
Why Do I Need a Lawyer for Asset Division in Antalya?
If you are getting divorced in Antalya, asset division can be determined in two ways: through an agreement between the spouses or by a court decision if no agreement is reached. In any case, it is important to obtain legal advice to ensure a fair distribution and to manage the process effectively. Errors or negligence in asset division can cause irreparable damage. Therefore, we recommend consulting a family law attorney to protect your legal rights and to achieve a fair settlement.
What Should I Consider When Choosing a Lawyer?
As a foreigner, the divorce and asset division process in Antalya can be complex. Choosing the right lawyer can make this process easier and less stressful. Selecting the right lawyer is crucial for obtaining a fair outcome.
Criteria for Choosing a Lawyer:
- Experience: It is important to choose a lawyer with experience in divorce and asset division cases. The lawyer’s knowledge and experience in Turkish family law and international family law will ensure that your case is handled in the best possible way.
- Language Skills: If you do not speak Turkish, it is important to choose a lawyer who speaks your native language fluently. A lawyer who can overcome language barriers and explain complex legal terms in an understandable way is advantageous.
- Communication: Open and honest communication with your lawyer is important. The lawyer should patiently answer your questions and keep you informed about every step of the process.
By considering these factors, you will find it easier to choose the right lawyer and manage the process more orderly and effectively. Additionally, the importance of legal advice and basic knowledge of Turkish law is significant in this process.
