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MARITAL PROPERTY REGIME

Marital property means the rights and responsibilities of the spouses on the goods having been acquired before and after the marriage and the rules about the division of them in case the marriages comes to an end.

In Turkish Civil Code, there exist two kinds of Marital Law;

  • Legal Marital Property System
  • Contractual Property System.

If the spouses have not concluded an agreement about Marital Property then the legal system is valid. In Turkish Law, participation to the Acquired Marital Property is the legal system. If the spouses are not willing to be subject to legal system then they have an option either separate property system, that is, shared separate property system or community of property system. Even if they have preferred any of the above system or none of them, they may prefer one of them afterwards.

Though the system mentioned above is quite detailed and having many problems during the liquidation of the assets; yet it has an aspect of justice. In this system the spouses have their own assets and acquired property of the spouses. What is meant by personal assets consists two categories. The first one is the personal assets of the spouses. They may be determined according to the law and the contract. The personal assets are the ones, the assets that are the subject matters of personal uses, the assets that have acquired before marriage, the assets acquired by heresy or donation the assets based on the intangible damages credits and assets substituted as personal assets. As for the acquired marital property are the ones fees, salaries etc. as an actual work, any of the payments made by social security agencies and income of personal assets belonging as rents, interests equally divided  between the spouses during the liquidation of the assets.

Besides, there exist two presumptions in the acquired marital property system that is added as the legal system. The first, all of the assets of one of spouses are deemed as acquired marital property system, until the contrary is proved. Secondly, the asset whose ownership is not proved is deemed as acquired marital property.