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Hiding Assets in Divorce
Divorce can be very complicated in some cases. One of the most important reasons for this is the problem of property division in a divorce. The property division in the divorce case should be carried out according to the principles stipulated by the law; however, sometimes, there may be hidden property in a divorce. This is a legal issue. If one of the spouses hides or misrepresents assets or property in the divorce, the other spouse can use their rights within the framework of the law.
So, what are hidden assets in a divorce? What should be done in case of property misrepresentation before the divorce case? What is the penalty for hiding assets in a divorce case? How are the house and car sold before the divorce shared within the framework of the Supreme Court decisions? You can find answers to these questions in our article!
What is Hiding or Misrepresenting assets in a Divorce?
Divorce is the dissolution of the marital union. Sharing property in a divorce is a legal right for both parties because there is an equal partnership between spouses regarding assets. With the divorce, this partnership is terminated by a court decision and the property is divided in half. In case of property division in a divorce, one of the spouses may attempt to hide, misrepresent, or dispose of property or assets maliciously.
In other words, one of the spouses can somehow dispose of, sell or keep the registered goods so that the common goods are not subject to property division. This malicious disposition is called hiding assets in a divorce. This is an important legal problem. Legal regulations regarding divorce regulate the necessary issues to prevent property misrepresentation in a divorce. In case of property misrepresentation, it may be possible to take it back and evenly share property in a divorce when it is revealed with the evidence.
How Can a Spouse Hide Property in a Divorce?
Regardless of the reasons for the divorce, the marital union may end due to disagreements between the spouses. Divorce, a natural situation like marriage, can happen as an uncontested or contested divorce. In other words, the couple can agree to the divorce or in case they cannot agree, they can file a divorce case and wait for the completion of the legal process.
However, divorce is generally a difficult process. The biggest reason for this is the emergence of property division problems in the divorce case. During the litigation process, answers to questions such as which goods are not shared in divorce can be answered. So, how is it possible to hide or misrepresent property from the spouse in divorce even though it should be shared?
The acts of hiding or misrepresenting property in the divorce of one or both spouses can be;
- Movable or immovable properties can be donated or sold to another person or persons in order to hide property before the divorce case is filed, that is, while the marriage partnership continues.
- Movable or immovable properties that are subject to the sharing between spouses can be transferred to another person or someone at a price much lower than their pre-divorce value.
- Unrequited gain can be made for the last one year before the divorce case.
- One of the spouses can transfer their spouse’s assets to another with a fake power of attorney.
- Another person can sign the transfer of the family’s residence to another person on behalf of the spouse.
These property hiding actions, which can be done before the divorce case, can also be carried out during or after the divorce case.
How to Prevent Asset Hiding in a Divorce?
There are some legal possibilities to prevent property misrepresentation in a divorce. What legal possibilities are there to prevent misrepresentation in divorce? When should an application be made to a lawyer to prevent misrepresentation? The answers to these questions may vary depending on the details of the incident. A divorce lawyer can give the answers to these questions. So, how to prevent property misrepresentation? Let’s answer this question in general terms:
- “Family residence” annotation can be added to the land registry of the residence where the spouses live. Thus, the transfer of the residence to third parties can be prevented.
- Suppose a “family residence” annotation has not been placed on the shared residence, and the spouse on which the residence is located has sold this residence without the spouse’s consent. In that case, the spouse whose consent is not obtained may file a lawsuit or initiate a legal process for the cancellation of the sale of the said residence.
- Suppose contractual (conspiratorial) transfer transactions have been made regarding movable or immovable properties. In that case, the transfer cancellation can be requested by proving the fraud in this transaction.
- A property liquidation case can also be filed when a divorce case is filed. Thus, the divorce can be put on hold, and an interim injunction can be taken for the properties. This legal action prevents the abduction of property in a divorce.
- The transfer of movable or immovable property can be prevented by starting the liquidation of the property regime after the divorce case. In this regard, getting legal support from a divorce lawyer will prevent possible mistakes.
- If the property or goods have been transferred without compensation until one year before the divorce case is filed, these transfers can be cancelled.
- Annulment of these transfers can be provided if it is revealed that the transfer transaction was made to hide without a retrospective time limit before the divorce case is filed.
Getting legal support to cancel the above transactions or prevent property misrepresentation in a divorce is necessary. The divorce lawyer will provide professional support in this regard.
MGC Legal‘s divorce lawyers, who are experts in property division in divorce, provide services within the framework of law for all kinds of transactions regarding property misrepresentation in a divorce.
Legal Case of Abduction of Property & Assets From Spouse in a Divorce
Divorce proceedings can take years in some cases. One of the biggest reasons for this is the disagreements about property division in a divorce. Attempts to hide property before, during or after a divorce case may be the subject of a smuggling lawsuit. So, how long is the statute of limitations for the case of property & asset abduction from the spouse in a divorce?
The property division case can be filed anytime during the divorce case. This way, the hiding of property & assets can be prevented by requesting preventive measures on the goods. There is no specific time for this. As soon as the suspicion of misrepresentation of property arises, an emergency injunction can be taken. You can then file for a divorce.
In this regard, support can be obtained through a divorce lawyer on how to act. The injunction action must be filed within 15 days. Otherwise, the interim injunction will be lifted. Thus, one of the spouses can transfer the property or assets to hide in a divorce. After the divorce, the 10-year period of disqualification should be considered to file a property division lawsuit.
What is The Penalty For Hiding Property & Assets in a Divorce Case?
The penalty for hiding or misrepresenting assets & property in divorce comes to the fore if the act is appropriate in terms of crimes in the Turkish Penal Code (TPC) or relevant legislation. In this case, the penalty of abduction of property may be applied in divorce. For example, transferring the goods with a false power of attorney may require the penalty of “forgery of official document”, according to TPC 204.
Transferring the property to themself or someone else by deceiving or defrauding the spouse is considered within the scope of the crimes of “fraud” in Articles 157 to 158 of the TPC. Suppose crimes such as blackmail, threats or violence have been committed to hide property from the spouse. In that case, the court may impose penalties according to the provisions of the TPK for these crimes.
Get Support Against Forfeiture in Divorce from MGC Legal!
Hiding or misrepresenting assets or property in a divorce is one of the common attempts by spouses. It may be necessary to take measures to prevent misrepresentation of property in divorce and file a lawsuit if necessary. This is a legal situation, and professional support should be sought from a divorce lawyer or family law expert lawyers.
MGC Legal has a staff of lawyers who are experienced in divorce law. Do you need a divorce lawyer? We are ready to help. How is property division done in a divorce case? What property is not shared in a divorce? What legal steps should be taken to prevent misrepresentation of property in a divorce? Meet with the legal team of MGC Legal to get answers to these and dozens of other questions!