Case for Transition to the Extraordinary Property Regime
Spouses can legally sign a property regime agreement “together” whenever they wish.
the right to change the existing property regime between them within the borders
they have. However, in some cases, the existing goods regime between them
It may be necessary to change, change without the spouses acting “together”. If the spouses have chosen one of the regimes of participation in the acquired property, shared property separation, property partnership or because they did not make a property regime contract, they are subject to the regime of participation in the acquired properties in accordance with the law.
if they have been; on changing the existing goods regime between them
even if they do not have a common demand, in some cases the existing
The transformation of the property regime into the “separation of property” regime is regulated in our law as an extraordinary property regime. For example, among
In the event of the bankruptcy of one of the spouses with the “company of property” regime, the property partnership regime will automatically turn into a property separation regime with the bankruptcy decision (TMK art. 209). From spouses who accept the property partnership
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creditor, who is in enforcement proceedings against someone, in the implementation of the lien
if he suffers a loss, he will be able to ask the judge to decide on “separation of property” (TMK Article 210). If one of the spouses is constantly deprived of the power of discrimination; legal representative is TMK
According to article 206, he will be able to file a lawsuit for the separation of property. TMC 206.
If there is a justifiable reason indicated in the article or similar, by the family court at the request of one of the spouses.
It may be decided to transform the existing property regime between spouses into “property separation”. The importance of this case is as follows: In the event that this case is accepted and the decision is finalized, although the marriage union continues between the spouses, other cases for the liquidation of the property regime will be opened,
basis may be examined.
Officer in the case of transition to the extraordinary property regime (separation of property)
The court is a family court and is subject to fixed court fees and fixed attorney’s fees. The competent court is if any of the spouses
settlement court (TMK art. 207).
