What is a Shared Property Separation Agreement?

Shared Property Separation Agreement – ​​Legal Framework

Turkish Civil Code Article 242:
Spouses may, within the limits prescribed by law, adopt a regime based on the principle of separation of property and divide certain assets at the time of liquidation.

According to this provision:

• As a rule, spouses' property to belong to them individually .

• However, certain assets specified by the parties in the contract (jointly used house, car, family savings, etc.) will be divided equally.

• This softens the rigidity of the classic "separation of property" regime.

🔹 Supreme Court Decisions

📌 Supreme Court 8th Civil Chamber, Case No. 2016/11082, Decision No. 2019/5427:
“The regime of shared property separation preserves the spouses' independent right to dispose of their assets. However, assets dedicated to common benefit are equally divided at the end of liquidation.”

📌 Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2009/15734, Decision No. 2010/4360:
“Spouses may determine which assets are subject to division through a marital property agreement. If there is no explicit provision in the agreement, assets specifically allocated to the family are considered within the scope of division pursuant to Article 242 of the Turkish Civil Code.”

📌 Supreme Court of Appeals, 1st Civil Chamber, Case No. 2013/15062, Decision No. 2015/7653:
“Agreements for the separation of shared property are subject to formal requirements. Agreements not drawn up before a notary public are invalid.”

🔹 Points to Consider During Implementation

1. Formal Requirement:
   Marital property agreements official documents by a notary public (Turkish Civil Code, Article 205).

2. Clarity of Assets Included in Sharing:
   Instead of general statements like "family home, household goods, family savings," it would be helpful to clarify with concrete examples.

3. Interest and Equalization:
   For post-liquidation settlement payments, the interest rate must be clearly stated.

4. Inheritance and Surviving Spouse's Rights:
   According to Article 652 of the Turkish Civil Code, the surviving spouse may claim priority rights over the family home and household goods. Including this provision in the marriage contract will prevent future disputes.

                                               YAĞMUR YORULMAZ, LAW FACULTY STUDENT