Property Regime

With the entry into force of the Turkish Civil Code on January 1, 2002, the regime of participation in acquired property was adopted as the legal property regime, replacing the separation of property regime. The legal property regime is the regime that spouses are subject to if they do not choose another regime for the property acquired after marriage. The Turkish Civil Code defines the concept of acquired property as follows: assets acquired by each spouse in return for consideration during the continuation of this property regime. For property acquired during the marital union to be subject to this property regime, certain conditions must be met. In the regime of participation in acquired property, it is required that the property be acquired through the joint labor and effort of the parties. Income from property inherited by one of the spouses during the marital union is not considered acquired property; rather, it is considered that spouse's personal property. The legal property regime is regulated in detail in Article 202 of the Turkish Civil Code. According to this article, the regime of participation in acquired property between spouses has been adopted. The rules regarding the management, disposal, and liquidation of the assets owned by the spouses during the marital union are regulated. The rules under which property acquired during marital unions is managed are determined according to the property regime chosen by the spouses. A. Legal property regime Turkish Civil Code Article 202 - The application of the regime of participation in acquired property between spouses is the default rule. Spouses may adopt one of the other regimes specified in the law through a property regime contract. The property regimes applied in Turkish Law are as follows: Participation in Acquired Property, Separation of Property, Shared Separation of Property, Community of Property. For marriages established after January 1, 2002, the regime of participation in acquired property is adopted in accordance with the law. However, for marriages established before this date, the separation of property regime applies. Spouses have the right to choose other property regimes explicitly stated in the law by entering into a property regime contract before or after the establishment of the marital union. Property regime contracts are regulated in Article 203 of the Turkish Civil Code. B. Property regime contract I. Content of the contract Turkish Civil Code Article 203 - A property regime contract may be concluded before or after marriage. Parties may choose, terminate, or change the property regime they desire, but only within the limits prescribed by law. Specifically, property regime contracts can be drawn up before a notary public or by obtaining the mutual consent of the parties. During the marriage application, spouses have the right to choose the property regime that will be valid during the marital union by submitting a petition to the marriage officer. However, if the spouses do not choose any property regime, they are subject to the regime of participation in acquired property as explicitly regulated in the law.

Attorney Gizem GONCE