Claim for increased value in the regime of contribution to acquired property

Spouses may make a maritial agreement regarding to the sharing of the assets otherwise, the legal property regime implements. By operation of the Turkish Civil Code No. 4721, the legal maritial property regime is the "Participation in Acquired Properties Regime". The legal property regime purposes of ending the victimization of women in terms of their assets in marriage. Within the scope of this property regime, after the liquidation of the property regime, unless a property is not explicitly donated; the unconditional contribution made by the spouse in favor of the assets causes other spouse's unconditional enrichment. Therefore the contributing spouse will be able to request the return of this contribution and will have acquired a claim. In this context, when the participation in acquired properties regime implements, this claim is referred to as the share of value increase claim and is regulated in Article 227 of the Turkish Civil Code No. 4721. Two main principles have been regulated by Article 227 of the Turkish Civil Code No. 4721. The right of claim acquired by a spouse due to not receiving any or sufficent compensation for the contribution made to the property belonging to the other spouse and how this claim will be calculated have been enacted, within the scope of the provision. The share of value increase originates at the initial contribution rate in case the value of the property increases or decreases during the liquidation. The contribution may be directed to the acquisition, improvement or protection of the property, respectively. The share of increase in value; is a right of claim originates from the law, valid in property regimes where the regime of participation in acquired property is applied, may only be asserted against the other spouse in the event that the contribution made by one of the spouses is not waived without receiving an appropriate consideration for the acquisition, improvement or protection of the property included in the property. Naturally, in order for this right of claim to originates the regime of participation in acquired property must have ended.