WHAT ARE THE DIFFERENT PROPERTY REGIMES IN MARRIAGE?

The matrimonial property regime encompasses the rights and obligations of spouses regarding the management, use, and disposal of assets acquired before and after marriage, as well as the rules governing the liquidation of the property regime in the event of its termination for specific reasons.

The Turkish Civil Code regulates four different property regimes. These are:

-Legal Property Regime

-Separation of Property Regime

- Shared Property Separation Regime

-Community Property Regime

This is how it is regulated. Spouses can draw up a property regime agreement before or after marriage in the presence of a notary public; they cannot choose a property regime other than the four regulated by law.

1) LEGAL PROPERTY REGIME

This is the community property regime. This regime is divided into two parts: acquired property and personal property. Acquired property refers to property gained during the marriage through consideration. The spouses' salaries, income from their personal property, payments made for cars, chests, and similar items are considered acquired property. Personal property, on the other hand, includes the spouses' clothing, claims for moral damages, property acquired through inheritance or gratuitous acquisition, property belonging to one spouse at the beginning of the property regime, and values ​​that replace personal property.

If spouses have not agreed upon any specific property regime, they are considered to have accepted the statutory property regime. This regime is the primary one. In this regime, one spouse has rights over property acquired by the other during the marriage; that is, both spouses are co-owners. Regarding personal property, each spouse has rights over their own personal property. Upon the termination of this regime, acquired property is divided equitably between the spouses; if one spouse's personal property is with the other, that property is claimed.

2) SEPARATION OF PROPERTY REGIME

In this regime, each spouse has rights to their own property. For example, if one spouse acquires real estate, only that spouse has rights to that property. In other words, the spouses' property is independent. If it cannot be determined which spouse owns a property acquired during the marriage, the spouses become co-owners of that property.

3) SHARED PROPERTY SEPARATION REGIME

In this regime, the spouses' assets are separate. Each spouse has rights to their own assets, but they have equal rights to family-specific assets. Family-specific assets include the house and household goods. Furthermore, spouses have equal rights to investments that secure their economic future. Upon termination of this regime, family-specific assets and investments are divided equally between the spouses.

4) COMMUNITY PROPERTY REGIME

In this regime, we speak of joint property and personal property. Spouses have equal rights over all property except personal property (joint property). All property except personal belongings, property designated as personal property, gratuitous transfers, and claims for moral damages constitutes joint property. Spouses can dispose of this property jointly; neither can dispose of it without the other's knowledge. When the property regime ends, the joint property is divided equally.

END OF PROPERTY REGIMES

Property regimes terminate in cases of annulment of marriage, divorce, death, or transition to another property regime.

Second-year Law Faculty student

Dilek Aydın