Who Gets the House Title in Divorce? Property Division, Participation Claim, and Family Home

One of the most common questions in divorce is “Who gets the house title?” Whether the property is marital or separate affects division. Concepts like the participation claim, value increase claim, and the family home annotation play a key role—especially in Antalya divorce cases.

What Is the Spousal Property Regime in Turkey?

Unless spouses agree otherwise, the regime of participation in acquired property applies. By agreement, other regimes such as separation of property or separation with sharing can be chosen. The regime directly affects who gets the house in divorce and how assets are divided.

Is the House Separate or Marital Property?

  • Purchased before marriage: Generally separate property. However, mortgage payments or major renovations during marriage may create a value increase claim for the other spouse.
  • Obtained by inheritance or gift: Separate property; still, significant contributions during marriage may give rise to a value increase claim.
  • Purchased during marriage: Typically marital property, even if titled to one spouse → subject to a participation claim.
  • House financed with wedding jewelry: If jewelry is considered separate property, the contribution may lead to a value increase claim or reimbursement.

Participation Claim and Value Increase Claim

The participation claim is the spouse’s share in the acquired (marital) assets. A value increase claim arises where one spouse’s significant contribution (e.g., mortgage installments, substantial renovation, capital input) increases the value of the other spouse’s separate property.

Family Home Annotation: Protection of the Home

A family home annotation helps prevent sales/leases without spousal consent. Even without annotation, courts may still recognize family home protection. During divorce, annotations and interim measures can be crucial to protect rights.

If the House Was Transferred to a Third Party

Where transfers are made to evade division, a cancellation and registration lawsuit may be filed. Courts examine indicators of sham/fraudulent transactions (token price, quick serial transfers) and grant injunctions to prevent further transfers.

Practice in Antalya

In Antalya divorce cases (Muratpaşa, Konyaaltı, Kepez; also Alanya, Manavgat, Kumluca, Finike), courts assess whether a house is marital or separate by reviewing title records, mortgage/bank payments, inheritance/donation documents, and renovation invoices.

Frequently Asked Questions

Does a house bought before marriage get divided?

Generally no—it is separate property. But if the other spouse significantly contributed, a value increase claim may arise.

The house title is in my spouse’s name. Do I have rights?

If purchased during marriage, you may assert a participation claim regardless of registration name.

My spouse transferred the house to someone else—what now?

Consider a cancellation and registration action and request injunctions to block further transfers.

Note: This is general information. Outcomes depend on regime, funding source, contributions, and current case law. Obtain advice from an experienced family/property lawyer.

Need advice on house title and property division?

We assist in Antalya and districts with participation claims, value increase claims, family home annotations and cancellation–registration lawsuits.

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