Marital Property Regime in Turkish Law
In Turkish Family Law, there are 4 different marital property regime and these are:
- The Marital property regime of participation.
- The Marital property regime of seperation.
- The Marital property regime of shared seperation,
- The Marital property regime of community of property.
Legal property regime
Spouses shall be subject to the provisions governing participation in acquired property.
They may accept with a marital agreement one of the marital property regimes determined by the law.
A marital agreement may be concluded before or after the wedding. The prospective spouses or the spouses may choose, set aside or modify their marital property regime only within the limits of the law. The marital agreement must be executed as a public deed.
It must be signed by the parties and, where applicable, by the legal representative.
Extraordinary property regime
At the request of one spouse, the court shall order a separation of property where there is good cause to do so.
In particular, good cause exists:
1. if the other spouse is overindebted or his or her share of the common property has been distrained.
2. if the other spouse is endangering the interests of the applicant or of the marital union.
3. if the other spouse unreasonably withholds the consent required for the disposal of common property.
4. if the other spouse refuses to provide the applicant with information concerning his or her income, assets and debts or concerning common property.
5. if the other spouse permanently lacks capacity of judgement.
Where a spouse permanently lacks capacity of judgement, his or her legal representative may likewise request separation of property for this reason.
If a spouse living under the community of property regime is declared bankrupt, separation of property takes effect ex officio.
If a spouse living under the community of property regime is pursued for a personal debt and his or her share of the common property is distrained, the debt enforcement supervisory authority may request that the court order a separation of property.
If the creditors have been satisfied, at the request of one spouse the court may order the restoration of the community of property regime. By marital agreement, the spouses may opt for the participation in acquired property regime.
The marital property regime of participation
The marital property regime of participation in acquired property comprises the property acquired during the marriage and the individual property of each spouse.
In the property regime of separation, each spouse shall administer and enjoy the benefits of his or her own property and has power of disposal over it within the limits of the law.
Each spouse shall administer and enjoy the benefits of his or her own property and has power of disposal over it within the limits of the law.
The marital property regime of community of property comprises the common property and the individual property of each spouse.
