What is the Legal Property Regime in Turkish Law?

The legal property regime in Turkish law determines the rules for the division of assets acquired by spouses during the marriage. Furthermore, the legal property regime in Turkish law directly affects the division of property during a divorce. For this reason, many people wonder how a house, car, or savings acquired during a marriage will be divided. The Turkish Civil Code establishes clear rules on this matter. If spouses do not choose a different system, the law takes the regime of participation in acquired property as the basis.

So, which assets do spouses share? Conversely, which assets remain the property of only one spouse? Here are the details.

How Does the Legal Property Regime in Turkish Law Work?

The Turkish Civil Code underwent a significant change on January 1, 2002. After this date, the law made the system of participation in acquired property the fundamental rule within the scope of the legal property regime in Turkish law.

For example, if spouses earn a salary, this income often enters a joint account. In addition, if spouses buy a house or vehicle during the marriage, the court includes these assets in the scope of joint evaluation in most cases. Bank savings can also be included in the same scope.

However, spouses can choose a different system if they wish.

Which Assets Does the Legal Property Regime in Turkish Law Cover?

The legal property regime in Turkish law covers assets acquired by spouses through effort and income.

For example:

• Salary income
• House acquired during marriage
• Vehicles
• Commercial profits
• Bank accounts
• Income obtained in return for work

Moreover, spouses also gain rights to savings made during the marriage. For this reason, property division is of great importance in divorce cases.

Which Assets Does the Legal Property Regime in Turkish Law Not Cover?

Some assets do not enter the common pool. This is because the law accepts certain assets as personal property.

For example:

• Inherited assets
• Assets acquired via donation
• Assets acquired before the marriage
• Non-pecuniary compensation proceeds

For example, if a spouse buys a house through inheritance, the other spouse cannot directly claim rights over this asset. However, spouses gain different rights to assets they purchase together during the marriage.

Can Spouses Choose Another System?

Yes, but the spouses must perform formal proceedings.

Article 203 of the Turkish Civil Code gives spouses the right to enter into a property regime contract. Thus, spouses may prefer different systems, such as separate property.

For example, spouses draw up a contract through a notary. Furthermore, spouses may choose a new system during the marriage as well.

Why is the Date of January 1, 2002, Important?

This date is of great importance because the law made the legal property regime in Turkish law system the fundamental arrangement after this date.

Despite this, different rules apply to older marriages. For this reason, the date of marriage influences the outcome in many cases.

Conclusion: Why is the Legal Property Regime in Turkish Law Important?

In conclusion, the legal property regime in Turkish law is of great importance in divorce and property division cases, as spouses share the assets they have acquired throughout the marriage according to these rules.

For this reason, if spouses learn about the legal consequences before and after marriage, they reduce the risk of suffering a loss of rights.

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