According to the regulations of the articles 202 and following of our Turkish Civil Code, it is possible to choose one of the four property regimes, namely, The marital property regime of participation (Legal Property Regime), The marital property regime of separation, The marital property regime of shared separation and The marital property regime of community of property. In the event that no property regime is chosen, in marriage s starting after January 1, 2002, as a rule, provisions regarding The marital property regime of participation will be applied.
In marriages that started before January 1, 2002, if the spouses did not choose any property regime, The marital property regime of participation in properties acquired as of January 1, 2002 will be applied in the liquidation of the property regime, and thThe marital property regime of separation will be applied for previously acquired properties.
Parties who want to choose a property regime have to make a Marital agreement and the parties can change the property regime they choose at any time. The marital agreement can be made before or after marriage. The agreement can be made in the form of notarization or approval, or a written notification is possible during the marriage application.
Acquired goods are acquisitions in return for work in accordance with Article 219 of the Turkish Civil Code, payments made by social security or social assistance institutions and organizations or funds and similar funds established for the purpose of helping personnel, compensation for loss of work power, income from personal property, and substitute values for acquired property. However, it is not limited listed in the law.
According to Article 220 of the Turkish Civil Code, personal properties are goods for the personal use of only one of the spouses, non-pecuniary compensation and the values that replace goods and property values that belong to one of the spouses at the beginning of the property regime or that a spouse later acquired through inheritance or in any other way. These are also not limited to those listed in the law
The end of the property regime is possible by divorce, death of one of the spouses or choosing another property regime. Lawsuits regarding the liquidation of the property regime must be filed within one year after the finalization of the divorce case and within ten years from the death of the spouse.
The marital property regime of participation
With the Turkish Civil Code numbered 4271, The marital property regime of participation, which was regulated as a legal property regime, even if it did not make any concrete contribution, it gave the other spouse the right to claim receivables on the acquired property during marriage, especially for reasons such as the woman doing housework.
The marital property regime of separation
The marital property regime of separation regulated in Articles 242 and 243 of the Turkish Civil Code is a property regime that ends when all the properties owned by the parties remain with them without any need for a liquidation if the spouses choose this regime. Parties that have chosen The marital property regime of separation do not need to take any action or file a lawsuit after divorce or death.
The marital property regime of community of property
The marital property regime of community of property regulated in articles 256 and the following articles of the Turkish Civil Code covers the personal property and acquired property of the spouses and is a complete property partnership. In this context, the spouses are obliged to act jointly on common property. Spouses cannot make a savings without the consent of the other spouse. However, it is possible for spouses to exclude certain properties from the partnership.
The marital property regime of shared separation
Unlike the marital property regime of separation, it is a property regime that enables the parties to take back the goods that are among each other, request the contributions of the other spouse to the property, and the sharing of common goods. Although it has the characteristics of the marital property regime of separation, it is preferred over the the marital property regime of separation or the marital property regime of participation because it enables the liquidation of the economic partnership that may naturally occur within the marriage . Because it is a mixed regime, it ensures that the parties do not lose their rights.