Marital Property Regimes

According to Article 202 of the Turkish Civil Code, the legal property regime between spouses is community property. However, spouses may agree, before or after marriage, to choose other property regimes stipulated in the law. There are four distinct property regimes prescribed by law: community property, separation of property, shared separation of property, and community of property. It is possible to choose regimes other than the legal one through agreement.

We can examine the assets of spouses under two main headings: acquired property and personal property. What is included in these groups is regulated in the Turkish Civil Code (TMK). According to Article 219, acquired property is property that each spouse has obtained through consideration during the marriage.

Turkish Civil Code Acquired Property:

• Earnings resulting from work (e.g., employee wages)
• Payments made by social security or social assistance institutions and organizations, or funds and similar entities established for the purpose of assisting personnel (e.g., retirement pension)
• Compensation paid due to loss of working capacity,
• Income from personal property (e.g., rental income)
• Values ​​that replace acquired goods. (Example: a car bought with money saved from one spouse's salary)

Article 220 of the Turkish Civil Code regulates the personal property of spouses.

• Items intended solely for the personal use of one spouse (e.g., items included in a collection)
• Assets belonging to one spouse at the beginning of the marital property regime, or assets acquired by one spouse later through inheritance or any other gratuitous means (e.g., real estate owned before marriage)
• Claims for moral damages,
• Values ​​that replace personal property.

According to legal regulations, the party claiming that the property owned by their spouses is personal property must prove it; otherwise, the property will be considered acquired property. Within legal limits, each spouse has the right to dispose of, manage, and use the property they own. Therefore, spouses will be liable to third parties with their own assets for their debts.

According to Article 225 of the Turkish Civil Code (TMK), the statutory property regime ends upon the death of one spouse or the transition to an alternative property regime. According to the second paragraph of the same article, if the marriage is annulled or divorced, or if the court decides on separation of property, the property regime will also end effective from the date of the decision. While Family Courts are responsible for the liquidation of property regimes , according to Article 214 of the TMK, the following courts have jurisdiction:

– In cases where the marital property regime ends upon death, the court of the deceased's last place of residence,

– In cases of divorce, annulment of marriage, or separation of property decided by the judge, the court with jurisdiction over these cases,

– In other cases, the court of the defendant spouse's place of residence.

Stages of Marital Property Regime Liquidation:[1]

– Spouses return the property that belongs to them and is in each other's possession.

– Personal property and acquired property are separated.

– The added values ​​are added to the assets.

– A reconciliation calculation is performed.

– Debts are calculated.

– The active value is determined, and any counterclaims are offset to determine the participation claim.

[1] http://tbbyayinlari.barobirlik.org.tr/TBBBooks/631.pdf p.23 (Access Date: 05.05.2023)