Contribution & Value Increase Share Receivables (Değer Artış...

The “Mixing” Problem

Life isn’t simple. Often, spouses mix “Personal Money” (e.g., gold from grandma, savings from before marriage) with “Family Money” to buy a house. In this case, the 50/50 Rule does NOT apply directly.

Value Increase Share (Değer Artış Payı)

If one spouse contributes to the acquisition/improvement of the other spouse’s property with their Personal Property, they have a special claim.

The Calculation Formula

It is not just “Giving back the money”. It is “Giving back the Ratio”.

• Example:

  • House Price (2010): 100,000 TL.
  • Wife’s Contribution (Personal Gold): 50,000 TL (50%).
  • Husband’s Salary (Acquired): 50,000 TL (50%).
  • House Price (2025 - Divorce): 10,000,000 TL.

• Wife’s Claim:

  1. Value Increase Share: Since she paid 50% initially, she gets 50% of the CURRENT value (5 Million TL) “off the top”.
  2. Participation Share: The remaining 50% (5 Million TL) is “Acquired Property”. She gets half of that too (2.5 Million).
  • Total: Wife gets 7.5 Million. Husband gets 2.5 Million.

Contribution Receivable (Katkı Payı - Pre-2002)

For assets bought before 2002:

• The regime was “Separation of Property”.
• The wife gets NOTHING unless she proves legally (with bank receipts) that she contributed money.
• Mere “housewife labor” does not count for pre-2002 assets.

The “Adultery” Penalty

Under TCC Art. 236/2, if the divorce is granted specifically due to Adultery or Intent on Life, the judge can reduce the guilty spouse’s “Participation Share” (The 50% part) or remove it completely. Note: This penalty does NOT apply to Value Increase Share (Personal money). You always get your own money back.

Legal Support: These are the most complex financial lawsuits in Turkish Law. We trace the money trail from 20 years ago to maximize your share. Contact us.

Professional Legal Support

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