Personal Property

Which Assets May Be Personal Property?

The categories in Article 220 TMK include items for personal use, assets existing at the regime's commencement, acquisitions through inheritance or gratuitous dispositions, claims for non-pecuniary compensation and assets replacing personal property. Classification as personal property does not automatically determine every issue concerning its income or the other spouse's contribution. The value targeted by the claim must be clearly identified.

How Is Income from Personal Property Assessed?

Real property itself and its rental income are not the same legal item. Under Türkiye's statutory regime, income from personal property can generally enter the acquired property calculation; the effect of a valid matrimonial property agreement is examined separately. Savings mixed with other income in the same account make bank movements showing their source more important. Saying 'this account existed before' does not alone prove the classification of the entire current balance.

What if Property Was Sold and Replaced?

Where a new asset is said to have been purchased with proceeds of earlier personal property, the sale agreement, money transfer and new purchase record are linked. If employment income earned during marriage or borrowing was added, the whole asset is not assumed to derive from one source. Contribution, adjustment or increased-value calculations may arise; the same amount is not counted twice under different names.

Which Documents Are Prepared as Evidence?

Inheritance and transfer documents, gift records, earlier ownership and sale documents, account statements and loan schedules are presented together. An assertion that property belongs to one spouse and an assertion that it is personal property may raise different evidential questions. The records rebutting the presumption of acquired property under Article 222 TMK are assessed. If there is a foreign connection, the applicable regime is identified before classifying property.