How are Debts Shared in Divorce?
Divorce can be emotionally challenging but also financially and legally complex. As important as the division of property between spouses, how debts are divided is also an important issue. In this article, we will discuss how debts are divided during divorce, the legal regulations and important points to consider.
General Principles of Debt Sharing
The division of debts varies depending on the property regime and the nature of the debt. The property regimes valid in Turkey are as follows:
Regime of Participation in Acquired Property: Under this regime, which applies to couples married after 2002, property and debts acquired during the marriage are considered joint and are shared equally in the event of divorce.
Separation of Property Regime: In this regime, which is accepted by the spouses before or during the marriage through a notarized contract, each spouse is responsible for his/her own assets and debts.
Shared Property Regime and Property Partnership Regime: In these less common regimes, the division of debts is determined according to the parties’ contracts and the state of their assets.
Sharing of Debts in the Regime of Participation in Acquired Property
This regime is the most widely used and legally default regime. In case of divorce, the division of debts is done as follows:
Common Debts: Debts acquired jointly during the marriage, for example debts arising from a mortgage or jointly purchased goods and services, are considered joint debts of both spouses and are shared equally in the event of divorce.
Personal Debts: Debts incurred by one of the spouses before the marriage or incurred solely for his/her own personal needs are considered personal debts and only that spouse is liable for these debts.
Sharing of Debts in Separation of Property Regime
Under the property separation regime, each spouse is responsible for his/her own assets and debts. In this case, spouses are obliged to pay their own debts upon divorce. However, joint debts require responsibility in the proportion shared by the spouses. For example, the debt of a jointly used credit card may be the responsibility of both spouses.
Nature and Determination of Obligations
One of the most important issues in the division of debts is to correctly determine the nature of the debt. The court will examine whether the debt was acquired during the marriage and whether it was incurred for joint use or for personal needs. It is also important to document and prove the debt. In this context, debts can be categorized as follows:
Mortgage Loan: If spouses have bought a home together and the loan payment is ongoing, this debt is considered a joint debt and is shared equally.
Credit Card Debts: If the credit card debt was incurred for common needs, this debt is also considered a joint debt. However, debts incurred for personal expenses are considered personal debts.
Work Related Obligations: Business-related debts incurred by one spouse are generally considered to be personal debts, for which only the spouse who incurred the debt is liable.
Court Judgments and Implementation
The court makes the final decision on the division of debts in divorce cases. The court makes a fair division by taking into account the statements of the spouses, the nature of the debts and the documents. If there is no agreement between the spouses on the division of debts, the court evaluates this situation and decides in an equitable manner.
The division of debts during divorce is a process that requires legal knowledge and attention. The property regimes of the spouses, the nature of the debts and court decisions are among the determining factors in this process.
Proper documentation and separation of debts acquired during the marriage can help avoid disputes during divorce. Consulting a lawyer for more information and professional support on debt sharing is always the right step.