Family Savings, Debts, and Inherited Company in 5 Questions — Attorney Aylin Esra Eren

If one of the spouses takes out a loan in their own name, as a rule, the debt belongs to the spouse who used the loan. The other spouse does not become a debtor of this debt simply because they are married. However, within the scope of Articles 188 and 189 of the Turkish Civil Code, transactions made for the ordinary needs of the marital union and the responsibility of the spouses towards third parties are evaluated separately. Whether the loan was used for the family residence, the needs of the children, or shared living may also be important in the liquidation of the property regime.

Whether the money sent by a spouse to their family can be reclaimed depends on the source from which the money came and the purpose for which it was given. Ordinary assistance made by a spouse from their personal property and unrequited transfers made from acquired property with the intent to reduce the other spouse's participation receivable are not evaluated in the same way. Within the scope of Article 229 of the Turkish Civil Code, certain unrequited transfers can be taken into account as values to be added in liquidation. Bank records and transfer descriptions are important.

The consumption of the family budget by gambling or betting habits, leading to indebtedness, and making shared life unbearable can be an important fact in a divorce case. Similarly, losing family savings in high-risk transactions without the consent of the other spouse can affect the fault assessment. However, investing in cryptocurrency is not a ground for divorce on its own; the nature of the behavior, its economic consequences, and its effect on the marital union are examined.

Rejecting an inheritance is a legal right; however, a debtor heir rejecting the inheritance with the intention of concealing assets from their creditors can produce special legal consequences. Article 617 of the Turkish Civil Code grants creditors the right to request the annulment of the rejection under certain conditions if the assets of the heir who rejects the inheritance are insufficient to pay their debts and there is an intent to harm creditors. Therefore, the rejection procedure is not a safe method to escape from creditors.

The type of company, its articles of association, the nature of the shares, and the status of the inheritance partnership are decisive. When there are multiple heirs entitled to the inherited company shares, it may be necessary to appoint a joint representative for representation and voting before the company. It is not possible in every case for a single heir to undertake company management alone. The management body of the company, shareownership, and inheritance law rules must be examined together.