Eren & Gonce Hukuk Bürosu - Hukuki makaleler

Value Added Share

In accordance with Article 227 of the Turkish Civil Code; if one of the spouses has contributed to the acquisition, improvement, or protection of an asset belonging to the other without receiving any or adequate compensation, they shall have a right to a claim for the increase in value that arises in such asset during liquidation, in proportion to their contribution. This claim is calculated according to the value of the asset at the time of liquidation; in the event of a loss in value, the initial value of the contribution is taken as the basis. In the event that such an asset has been disposed of previously, the judge shall determine the claim to be paid to the other spouse in accordance with equity. Spouses may waive their right to receive a share of the value increase through a written agreement, or they may modify the share ratio.

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