What Can I Do if My Spouse Transfers Assets before Divorce?

Family Home and Protective Measures

Prepared by: Constantinople

When a suspicious transfer is noticed, the right or claim at risk is identified first. Not every transfer requires the same action or protective measure. Family home protection, restrictions on a spouse's disposal powers, interim injunctions and additions to a matrimonial property calculation are different tools. The legal basis of the step requested for title, a bank account or company shares must be specified.

Under Turkish law, certain gratuitous dispositions before the regime ends and transfers intended to reduce the other spouse's participation claim may be taken into account on liquidation. This does not mean the asset automatically returns to its previous owner in every case. The transfer date, consideration, relationship between the parties, actual payment and intention are examined. Whether there is a claim against a third party or a need for separate proceedings is assessed separately.

Where Turkish law applies, Article 229 TMK distinguishes two situations: gratuitous dispositions other than ordinary gifts made without the other spouse's consent during the year before the regime ends; and transfers made during the regime with the intention of reducing the other spouse's participation claim. Their value is added to acquired property. The second category is not confined to transactions in the final year. This does not automatically restore registered title; the transaction date, consent, intention and claim's basis are examined separately.

Promptly record the transfer date, property or company information and specific event giving rise to suspicion. Preserve available title copies, sale correspondence and banking documents; do not use unlawful methods to obtain new documents. We first identify urgent protection needs and available evidence, then examine alignment between the substantive claim and interim measure. Instead of merely saying 'my spouse is hiding assets', identify which transaction endangers which right. Domestic violence or safety risks are addressed separately from, and before, the property calculation.