In divorce proceedings, hiding assets is an unlawful strategy often used by one spouse to avoid fair distribution of marital property. Under Turkish law, this constitutes a serious violation of the legal principles governing property regimes. If proven, concealed assets can be reclaimed through court orders, and the hiding spouse may face liability for bad faith conduct and financial damages.
Our Turkish Law Firm provides legal representation in complex divorce cases where property concealment, asset transfers to third parties, offshore accounts, or forged documents are involved. Our English Speaking Turkish Lawyers assist clients in tracing, securing, and recovering assets that were intentionally hidden before or during divorce litigation.
Legal Basis: Property Regime and Hidden Assets in Divorce
The primary legal framework for asset division in Turkish divorce law is found in the Turkish Civil Code (Türk Medeni Kanunu - TMK), Articles 219 to 241. These articles regulate the regime of participation in acquired property (edinilmiş mallara katılma rejimi), which is the default marital property regime unless otherwise agreed via a prenup.
According to TMK:
- Acquired property includes salaries, business income, social security payments, and purchased goods during marriage
- Personal property includes inheritance, gifts, and premarital assets
- Hidden assets may be uncovered via lawsuit, notary records, banking discovery, or third-party subpoenas
Our firm builds a strategy to recover hidden property, especially in high-conflict divorces involving real estate, vehicles, crypto assets, and foreign holdings.
Common Methods of Hiding Assets in Turkey
Spouses attempting to conceal wealth often use the following tactics:
- Transferring property to a relative or friend before filing for divorce
- Withdrawing cash from joint accounts and storing it in safes
- Forging debts to reduce apparent net worth
- Registering vehicles or real estate under third-party names
- Delaying business income reporting or manipulating company accounts
- Opening offshore or foreign bank accounts
We investigate these behaviors with court orders, financial discovery, tax data, and expert witnesses to expose fraudulent transfers.
Legal Remedies to Recover Hidden Property
If asset concealment is suspected, the following legal remedies are available under Turkish law:
- Asset tracing and tespit davası (determination lawsuit)
- Preliminary injunctions (ihtiyati tedbir) to freeze property
- Tasarrufun iptali davası: Lawsuit to cancel fraudulent asset transfers (based on İcra İflas Kanunu)
- Compensation claims for hidden marital assets
- Subpoenaing banks, land registry, vehicle registry and third-party witnesses
Our best lawyer firm in Turkey initiates rapid and confidential legal procedures to secure client claims before assets disappear or are transferred abroad.
Third-Party Transfers and Muvazaa Lawsuits
One of the most common forms of property concealment involves transferring assets to friends, siblings, or business partners under fictitious transactions. In Turkish law, this is known as muvazaa (sham transactions). When detected, the disadvantaged spouse can file a lawsuit to nullify the transaction and return the asset to the divisible marital pool.
- Document review and witness statements are critical
- Bank transfers, phone records, and tax filings help prove intent
- Court may cancel the transfer and allow re-evaluation of property division
Our legal team files tasarrufun iptali davaları or muvazaa davaları to reverse fraudulent transfers under Turkish Civil Law and Enforcement Law (İcra İflas Kanunu).
Burden of Proof and Evidentiary Strategies
In Turkish divorce law, the spouse alleging hidden assets must generally present evidence of concealment. Our strategy includes:
- Filing interim motions for banking and registry data
- Applying for court-appointed financial expert evaluation
- Analyzing pre-divorce account activity and tax records
- Using witness testimony from family members or company partners
Our English Speaking Turkish Lawyers handle high-value and sensitive litigation requiring asset location across jurisdictions and legal entities.
International Asset Tracing and Foreign Disclosure
Our law firm has experience in tracing and recovering foreign real estate, offshore accounts, and international company shares that were not disclosed during divorce proceedings. Key tools include:
- International asset tracing agencies
- Cross-border discovery with mutual legal assistance (MLAT)
- Requests to foreign land registries or tax offices
- Forensic review of social media, financial apps, crypto wallets
In some cases, we collaborate with law firms in Europe, the Middle East, and North America to locate and freeze hidden foreign assets prior to judgment enforcement.
Internal Legal Resources
- Property Division in Turkish Divorce
- Divorce and Custody Law in Turkey
- Foreign Spouses’ Rights in Turkey
- Real Estate Due Diligence
- Litigation Process in Turkey
FAQ: Hiding Assets in Divorce under Turkish Law
- Q1: What happens if my spouse hides property?
You can sue for asset recovery, compensation, and even nullify certain transfers made to third parties. - Q2: Is it illegal to move assets before filing for divorce?
Yes, if done with intent to deprive the other spouse of rightful share, it can be reversed by court. - Q3: Can I access my spouse’s bank records?
Yes, with a court order during divorce proceedings, banks and registries must disclose relevant data. - Q4: What if property is registered under another person’s name?
You may file a muvazaa lawsuit to prove that the transaction was fictitious and claim your share. - Q5: How do I prove asset concealment?
Financial records, witness testimony, social media content, and expert reports are commonly used. - Q6: Can I freeze assets during divorce?
Yes. Preliminary injunctions (ihtiyati tedbir) can be obtained from court if risk of dissipation exists. - Q7: Are crypto wallets traceable?
Yes, with court-approved forensic review and analysis of transaction logs and exchanges. - Q8: Can a foreign property be included in divorce in Turkey?
Yes, but enforcement and valuation depend on bilateral treaties and international law. - Q9: Does the court penalize spouses who hide property?
Yes. Judges may award higher compensation and assign court costs against the hiding party. - Q10: Can a Turkish Law Firm help with international asset tracing?
Absolutely. We coordinate with foreign counsel, tax experts, and tracing agencies worldwide.
Work with a Turkish Law Firm to Uncover and Reclaim Hidden Assets
Hiding assets in divorce proceedings is not only unethical but also legally punishable. Our experienced team at ER&GUN&ER Law Firm provides aggressive and confidential legal support to clients seeking justice during asset division. We ensure that no concealed property, foreign account, or fraudulent transfer escapes judicial review.
As the best lawyer firm in Turkey for divorce-related asset litigation, our English Speaking Turkish Lawyers handle high-net-worth divorce cases, cross-border disputes, and emergency asset protection actions across all Turkish jurisdictions.