In short
The property sentence in the protocol speaks of the land registry and of the delivery together. The divorce decision does not end the liquidation automatically. The contested division of property is in the article on division of property.
The block and parcel, the vehicle plate and the debt line should be written concretely.
The return of jewellery can be a separate request.
The land-registry counter does not content itself, in every file, with a photocopy of the protocol; it asks for a basis.
Related articles: the uncontested conditions.
The divorce decision ends the marriage; it does not always end the property regime. The general frame of the property regime is in the article on division of property on divorce; here stand only the land-registry and share sentences written into the uncontested protocol. In whose name it appears on the land registry, and whose the share is, are different questions. In an uncontested divorce the division of property should be written without melting these two questions in the same sentence. Otherwise the judgment comes out, and the liquidation file is opened later.
The conditions and the common will are in the article on the conditions of an uncontested divorce. This text does not repeat those conditions. Inside family law, the property regime looks not at the ground of divorce, but at the values accumulated during the marriage. It is general information; the regime and the record change according to the concrete event.
The scope of this article
A land-registry and share sentence in the protocol: yes (yes). The general property regime is left outside this article; no — division of property on divorce. The rest of the writing of the protocol is left outside this article; no — the protocol.
Why are the divorce judgment and the liquidation separated?
On the uncontested path the parties can write the property heading into the protocol. If the clause that was written is concrete and can be applied, the liquidation often closes together with the divorce. If it is not written, if it is said we will look later, or if a general sentence such as everyone takes their own property is built, the share account stays open.
A liquidation that stays open does not invalidate the divorce. The marriage ends; the dwelling, the vehicle, the accumulation and the credit are debated separately. This separation is not getting around the court. The statutory regime does not work like an automatic annex of the divorce decision. If the protocol is silent, the silence may not be counted as a waiver.
In the writing of the uncontested divorce protocol, if there is a property clause it asks for the block and parcel, the person obliged and the date. If there is not, one divorces knowing that the liquidation is open. Both are possible; what is dangerous is that which one was chosen is uncertain.
Participation in acquired property, and the other regimes
The statutory regime that is the rule in marriage is participation in acquired property. Values obtained during the marriage by labour or by its equivalent can be counted as acquired property. In whose name the land registry or the account appears does not of itself end this characterisation. Personal property — property from before the marriage, an inheritance, gratuitous acquisitions such as a gift — stands apart. The limit is drawn not with the uncertain word family property, but with the rules of the regime.
The parties may have chosen another regime, in the way the statute permits, before marrying or during the marriage. If there is a contract of separation of property, of separation of property with sharing, or of community of property, that text is read. If there is no contract, the statutory regime is assumed. If there is a contract but the form or the content is debated, the statutory regime can come back.
A contribution claim and a claim for an increase in value can come onto the agenda as items different from the statutory participation account. One spouse's contribution to the other's personal property may not close with the sentence the land registry is theirs, it is not spoken of. These separations change file by file; the record and the contract are read rather than an internet summary.
Why is everyone takes their own property dangerous?
The sentence sounds fair to the ear. In practice it produces three confusions:
- The record and the share being taken for the same
- Forgetting on whom the joint credit remained
- Feeding the household goods and the jewellery into a general waiver
The flat bought during the marriage can be in the husband's name; the other spouse's share in the surplus value can still be debated. Even if the vehicle is registered in the wife's name, the credit may have been paid from the husband's wage. What does one's own property mean: the land registry, the payment, or the share? If the protocol does not say this, neither the land registry directorate nor the enforcement office guesses.
If a waiver is meant, it is written item by item. The sentence we will not claim property from each other can be read as if it also swallowed the jewellery, the contribution and the maintenance. The judge can ask this at the hearing; if they do not ask, the sentence is interpreted years later in the liquidation action. The interpretation is more expensive than the courtesy at the moment of writing.
The land registry, the vehicle and the later transaction
If the immovable property was written concretely in the decision or in the protocol, the transfer depends on the parties' application to the land registry. If the block, the parcel, the independent section, the transferor and the transferee are missing, the transaction does not run. The protocol does not of itself drop an annotation on the land registry.
At the land registry directorates in Ankara, the transfer depends on the concrete ruling in the court decision and on the application. Because the amounts of the fee and of the revolving fund change, there is no figure in this article. To whom the expense belongs should be written in the protocol; the amount is learned on the day of the application.
On the vehicle the plate, the registration and the remainder of the credit are written. If there is no delivery date, the sentence let the car stay with you does not say when the key will be given. A company share, a private pension or a bank account also asks for the same concreteness. An item that is not written is not an item counted as absent; it is an item that stayed open.
When is the liquidation action spoken of?
The liquidation action can be brought for the share account the protocol did not resolve. The valuation, the separation of acquired and personal, and the contribution items if there are any, are debated in this file. The witness and the account of fault in the divorce file do not take the place of the liquidation. The evidence is the date and the source of the acquisition of the property.
Liquidation is not a second divorce to be frightened with. It can also be a planned separation: let the marriage end first, let the property account be made when the documents mature. If it is planned, this should be written openly in the protocol. Unplanned silence leads both parties to think I secured my share.
Variables such as the period and limitation are not fixed from memory. The early assessment is made while the memory is fresh and the documents are in hand. A lost receipt and a forgotten account years later make the proof harder. A statistic is not invented; the file runs with its own papers.
How is the property clause clarified in Ankara?
If it will be written, this order is useful:
- Determining the property regime (statutory participation, or a contract)
- Setting out the list of immovable property, the vehicle, the accumulation, the company share and the debt
- Roughly separating which is acquired and which is personal
- Writing the person obliged for the transfer, the delivery and the credit
- Listing the jewellery under a separate heading
- If there is a waiver, writing the item by its name
- Deleting the sentence everyone takes their own property, or making it concrete
Jewellery should not be fed into the property regime. The wedding jewellery asks for its own language of delivery and of return. If there is no inventory of the household goods, a general sentence room by room does not say which armchair will be attached in enforcement.
A lawyer is not compulsory. In a file that has property with a land registry, a credit and a company share, the legal reading of the text is a tool of caution, not of a sale. A wrong waiver can take longer than the divorce to bring the share back.
How are the family home, the bank account and leaving it open written?
The family-home annotation, the spouse's consent on the land-registry record, and to whom the dwelling will remain ask for separate sentences. The expression the house stays with us does not say whether the annotation will be lifted and who will live there. If the dwelling is rented, in whose name the lease will continue, the deposit and the dues should also be written. If they are not written, the landlord and the enforcement office cannot read these answers from the divorce judgment.
For the bank account, the accumulation and the private pension, the account number or the name of the institution, who will draw it and whose the share is are written. The sentence the accounts are with whoever they are in the name of does not have the wage paid in during the marriage counted as personal property. In a company share, the share ledger, the person obliged to transfer and the period are required. The period can be written not with a number of days from memory, but in measurable language such as an application after the decision becomes final.
Leaving the liquidation open consciously is also an option. In that case the protocol should carry a clear direction similar to the liquidation of the property regime has not been resolved in this file, the parties' statutory rights are reserved. We will look later does not give this clarity. Leaving it open should not be taken for a waiver; if it is taken for a waiver, claiming the share later can become harder.
An example of personal property can be land bought before the marriage, or a flat left by inheritance. An example of acquired property can be a dwelling bought with the wage during the marriage. The limit is drawn in every file with the record and the source; this article does not make a concrete share account.
If there is a summer house, land or a workplace outside the family home, each immovable should stand with its own block and parcel line. The expression the immovables stay with the wife, in a single sentence, does not tell the land registry which parcel will go to whom. A land registry in more than one province asks for a separate line in the same protocol. Even if at which land registry directorate the transfer will be made is not written, the person obliged and the identity of the immovable should be written.
The telling of the division of property is a general frame. The regime, the contract and the record change according to the concrete event. The amount of the fee and the rate of valuation are not fixed in this text. There is no promise of a definite share.
In an uncontested divorce the division of property is not a heading that closes with a sentence of courtesy. Either it is written concretely and carried to the land registry; or it is left open and the liquidation runs separately. The middle of the two — the supposition that everyone took their own property — produces the most actions of interpretation.
For the conditions one returns to the article on the conditions, and for the writing of the sentence to the article on the protocol. Property is not the ornament of the divorce; it is the account of the value accumulated during the marriage. It is not said it ended before the account is written; if it is written, the court is also not obliged to stamp an uncertain account.
Why do the debt, the suretyship and the valuation stand apart?
The division concerns not only the active property, but also the debt accumulated during the marriage. The housing credit, the vehicle credit, the credit card and the suretyship are lost in the sentence everyone takes their own property. If it is not written whether the spouse who undertook the debt can pursue the other by recourse, a second reckoning starts at home after the bank's proceedings. The suretyship should be written as concretely as the land registry: who is surety for whose debt, and what will happen when the debt closes.
Valuation can come onto the agenda with an expert in the liquidation action. In the uncontested protocol the parties can write the value themselves; the figure that was written is confirmed at the hearing. The court, differently from a supervision such as the child's interest, is not obliged to appreciate the value of the property again in every file; an uncertain or contradictory figure gives birth to a question. A rate or a price per square metre is not invented in this article.
If there is no inventory of the household goods bought during the marriage, a general sentence room by room does not say in enforcement which armchair belongs to whom. A list with photographs, or item by item, produces fewer actions than a sentence of courtesy. If the list is exaggerated, the other side's statement of refusal can break the uncontested path. An honest and short inventory is more functional than a long and imaginary list.
The property sentence in the protocol is read with the land-registry record. A share fraction that is not in the file is not added. The liquidation is not put in the place of the divorce judgment. The separation is read from the concrete land-registry record. The office in Çankaya does not choose the competent court in this property file.
Conclusion
This article is for general information. The document, the period and the procedure of the concrete event should be read separately; there is no promise of an outcome from memory.