Who Gets the House and Car in a Divorce? Does the Person on the Title Deed Take It?

One of the topics that most occupies the minds of couples who have come to the stage of divorce is what will happen to the house and the car registered in their name after the divorce. Thoughts such as "The title deed is in my name, so the house is left to me" or "the car is in my spouse's name, do I get no right at all" are quite common. Yet the real situation does not work this simply; the law deems most of the property acquired during the marriage to be subject to division. The name on the title deed or the registration only shows who the owner is; it does not mean that the other spouse can claim no right whatsoever from that property.

Without going into the details of the theory of the property regime, examples taken directly from life are brought to the fore: what happens if the title deed is in the name of a single spouse, how the situation is shaped if the car loan is still being paid, whether a house or vehicle bought before the marriage enters into division, and whether the other spouse has a right in a house bought with the financial support of the family or parents. Since the circumstances of the concrete case are always decisive, we recommend that you find and evaluate the scenario closest to your own situation.

If the Title Deed Is in the Name of a Single Spouse, Is the House Automatically Left to Them?

No, the title deed being in the name of a single spouse does not mean that the house will automatically remain with that person in the divorce. Under Turkish law, property acquired during the marriage by working, by using a loan or with joint savings is deemed "acquired property," and the name in the title deed register only shows the official owner status. When the liquidation of the property regime is requested at the divorce stage, the spouse whose name does not appear on the title deed can also claim a share of the increase in value in proportion to the contribution they made to the acquisition of the house.

In practice, the court looks at the current market value of the house, calculates the proportion of the contributions as of the date the house was acquired, and determines a receivable accordingly. That is, the house is not physically divided; it can continue to remain with the spouse recorded on the title deed, but a cash contribution share may need to be paid to the other spouse. Since the contribution can be proven by bank statements, loan payment records or witness statements, it is important that these documents be gathered together at the beginning of the process.

If the Divorce Occurs While the Vehicle Loan Is Ongoing, Who Gets the Car?

When a vehicle with an ongoing loan debt is in question, the name on the registration is again not decisive on its own. If the vehicle was bought during the marriage, it is evaluated within the scope of acquired property, and how much each party contributed to the loan payments carries importance. Whether the loan instalments were paid from a joint account or only from one spouse's salary can be clarified with the bank records to be submitted to the file.

If the loan debt is still ongoing on the divorce date, the court generally takes as the basis the net value of the vehicle as of that date (by deducting the remaining debt from the market value). Which spouse the vehicle will actually remain in the use of is a separate matter of the transfer of registration; the real issue is the calculation of the share of that vehicle's value that will fall to the other spouse. Both spouses being a guarantor or joint debtor in the loan contract may separately affect the sharing of liability.

Does a House or Car Bought Before the Marriage Enter Into Division?

A house or vehicle purchased before the marriage is, as a rule, deemed "personal property" and is not made subject to division in the liquidation of the property regime. Since these assets were acquired before the date of the marriage, the other spouse does not have a direct claim of right over these assets. However, there is a distinction that must be paid attention to here: although the property itself is personal, the improvements, debt repayments or value-increasing expenditures made on that property during the marriage may be made subject to a separate evaluation.

For example, if the loan of a house bought before the marriage continues to be paid with joint income during the marriage, the equivalent of these payments may turn into a contribution-share claim for the other spouse. Similarly, if a vehicle bought before the marriage is sold during the marriage and a new vehicle is bought in its place, whether the new vehicle will be deemed personal property depends on the traceability of the money obtained from the sale. For this reason, the assumption "it was bought before, it is untouchable" does not always give the correct result.

What Is the Situation of a House That Comes by Way of Inheritance or Gift During the Marriage?

A house that is inherited by or gratuitously gifted to a spouse during the marriage is also evaluated in the category of personal property. Since immovables acquired by way of inheritance or gift are acquired not by the party's own labour or the joint earnings of the marital union, but by the will of a third person, they are kept outside the property regime calculation. The other spouse cannot, as a rule, claim a share over such a property.

Nevertheless, if expenditures such as renovation, adding an extra floor or debt repayment made in this house during the marriage are in question, the contribution of the spouse who made the expenditure can be evaluated separately. The property that comes by way of inheritance is not itself shared, but the equivalent of the concrete contribution made to that property can be claimed. Making this distinction correctly is one of the most crucial points of the file.

Does the Other Spouse Have a Right in a House Bought With the Help of the Family or Parents?

A situation frequently encountered in practice is the down payment or the whole of the house being covered by one spouse's family. In such cases, it is first investigated whether the money was really given as a "gift" or a "loan." If the family made this support without expecting repayment, as a gift directed straight at their child, that proportion of the house tends to again be deemed personal property.

By contrast, if the remainder of the house was completed with a loan or with joint income during the marriage, this part enters into the scope of acquired property, and the other spouse can claim a contribution share over this portion. Documenting the family support with a bank transfer, a notary deed or a witness statement carries great importance in the determination of which part will be deemed personal property. Undocumented oral claims may create difficulty of proof in court.

If the House or Car Was Bought Solely in the Name of One of the Spouses, What Can the Other Spouse Do?

The title deed or registration having been drawn up in a single name is not a situation that prevents the other spouse's pursuit of rights. Together with the divorce case, or as a separate case after the divorce has become final, a claim for a "contribution-share receivable" or a "receivable for the share of the increase in value" can be made. In this case, the court examines which regime will be applied according to the type of property, and when and how the property was acquired.

The spouse who will make the claim having concrete evidence in hand directly affects the course of the process. When payslips, bank account movements, loan payment receipts and title deed/registration records are gathered together, which property was acquired with joint contribution and at what proportion can be set out more clearly. Carrying out the evidence-gathering stage carefully before the case is filed prevents losses that are difficult to make up for later.

Is It Claimed Together With the Divorce Case or Through a Separate Case?

The liquidation of the property regime and the contribution-share claims connected to it are a type of case independent of the divorce case; it is generally not possible for this case to be concluded before the divorce decision has become final. In practice, most people bring this claim onto the agenda together with the divorce case or immediately afterwards. This case can also be filed within a certain period after the divorce has become final; since missing the period may lead to loss of rights, one must be careful about the timing.

When the case is filed, the correct determination of the current value of the house or the vehicle and, if necessary, requesting an expert examination directly affect the outcome. Against the possibility of one of the parties attempting to dispose of or transfer the property, it is also possible to request an injunction. Taking such procedural steps on time and in the correct manner is decisive in terms of preventing loss of rights.

If the House Is Sold or the Car Is Transferred, Does the Right to the Receivable Disappear?

A spouse selling the house or transferring the vehicle to a third person before the divorce process begins or while the process is ongoing does not automatically eliminate the other spouse's right to a contribution share. A claim can be directed over the price obtained from the sale of the property; if it is proven that the sale was made with the aim of obstructing the other spouse's right, the annulment of this transaction may also come onto the agenda. In the presence of such a risk, requesting a precautionary injunction before the case is filed provides important protection.

In practice, some spouses, when the signals of divorce become apparent, take the way of quickly disposing of the movable or immovable property in their hands. If such a transfer is noticed, the account movements of the spouse who carried out the transfer and the transactions close to the transfer date can be examined to set out the real fate of the property. Current statements to be obtained from the land registry office or the traffic registration records are the first sources to be consulted in detecting such transactions.

The transfer transaction having been made to a close relative, at a low price or outside ordinary market conditions may prepare the ground for the evaluation of a claim of collusion (simulation) in court. Since proving such claims requires technical work, acting together with a lawyer at the beginning of the process becomes decisive in preventing loss of rights.

While the House Remains in the Use of One of the Spouses, When Does the Other Spouse Leave?

When the divorce process begins, the question of who will stay in the joint residence is a matter separate from the liquidation of the property regime. While the case is ongoing, the judge, taking into account the superior interest of the children and the parties' need for shelter, may temporarily leave the use of the house to one of the parties. This arrangement does not mean a determination regarding to whom the house will ultimately be deemed to belong; it is only a measure valid for the duration of the case.

After the divorce decision has become final, if the spouse who continues to reside in the house is not the official owner of the house and the other spouse wishes to exercise their right of ownership, the process passes into a different stage. The spouse who is the owner can request that the house be vacated on the basis of the title deed record; in this case, the residing spouse is left only with a separate legal basis such as a contribution-share receivable. For this reason, the assumption "I am living in the house, so it is left to me" can be misleading.

When Making the Calculation, Which Documents Are Useful?

For the contribution share to be able to be calculated correctly for concrete assets such as a house and a car, it is directly related to the quality of the documents in hand. In addition to the title deed record, the vehicle registration and the loan contract, the bank statements showing from which account the payments were made are the most frequently consulted type of evidence. Payslips, savings accounts and, if any, documents regarding in-family money transfers also strengthen the file.

• Title deed and registration records. They show the acquisition date and the official owner of the property.
• Loan contract and payment receipts. They prove by whom and from which account the debt was paid.
• Bank account movements. They reveal the source of the down payment or instalments.
• Gift or inheritance documents. They are necessary to support the personal-property claim.
• Witness statements. They play a supporting role in proving contributions for which there is no document.
• Invoices and renovation documents. They show by whom the improvements or additional investments made to the house were covered.

Compiling these documents before the case is filed ensures both that the process takes a shorter time and that the claim is supported by concrete data. In situations where the documents are scattered or incomplete, the court may resort to an expert examination; the expert report sets out technically the current value of the house or vehicle and the contribution proportion. For the expert process to proceed soundly as well, the above documents having been submitted in full makes a great difference.

The division of valuable assets such as a house and a car is a matter tied to the concrete case to such an extent that it can produce different results in each file. Whose name is written on the title deed or the registration may be a misleading indicator on its own; what is really decisive is when, how and with whose contribution the property was acquired. Within İzmir Avukatım, Av. Aydın evaluates together with you which documents need to be gathered and what realistic expectations may be, by examining the concrete circumstances of your file in the division-of-property process. If you would like to receive support on this matter in Konak/İzmir, you can reach us on the line numbered 0553 595 67 82.