{"id":185,"date":"2022-08-16T09:00:00","date_gmt":"2022-08-16T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/mal-rejimi\/"},"modified":"2026-10-02T12:22:37","modified_gmt":"2026-10-02T09:22:37","slug":"property-regime","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/mal-rejimi\/","title":{"rendered":"Property Regime"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\">Evlilikte <strong>mal rejimi<\/strong> as a subject usually becomes important at the stage of dividing the assets in the divorce process. Our Turkish Civil Code contains provisions in Articles 202 et seq. on how assets held during the marriage are to be divided upon the termination of the marriage. This is because, in the divorce process, the parties usually cannot agree on the division of assets, and recourse is had to these provisions setting out the matrimonial property regimes. In this article, we discuss the types of matrimonial property regime, the groups of assets in the participation in acquired property regime, which is the statutory matrimonial property regime, liquidation and the calculation of the participation claim.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>There are four matrimonial property regimes in Turkish law: participation in acquired property (the statutory regime), separation of property, separation of property with sharing, and community of property.<\/li>\n<li>If the spouses have not chosen another regime by a matrimonial property agreement, the statutory regime of participation in acquired property applies.<\/li>\n<li>Under the regime of participation in acquired property, each spouse's assets are divided into acquired property and personal property; until proven otherwise, all of a spouse's assets are deemed acquired property.<\/li>\n<li>In divorce, the matrimonial property regime ends with effect from the date of the action; liquidation is carried out by agreement or, failing agreement, by a liquidation action filed in the family court.<\/li>\n<li>By law, each spouse is entitled to half of the other spouse's surplus value; in a divorce on grounds of adultery or attempt on life, the judge may reduce or deny this share.<\/li>\n<\/ul>\n<\/aside>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#mal-rejimi-turleri\">Types and choice of matrimonial property regime<\/a><\/li>\n<li><a href=\"#malvarligi-gruplari\">Acquired property and personal property<\/a><\/li>\n<li><a href=\"#sona-erme\">Termination of the matrimonial property regime and the liquidation action<\/a><\/li>\n<li><a href=\"#tasfiye-asamalari\">Stages of liquidation<\/a><\/li>\n<li><a href=\"#artik-deger\">Calculation of the surplus value<\/a><\/li>\n<li><a href=\"#katilma-alacagi\">The participation claim and its payment<\/a><\/li>\n<li><a href=\"#diger-rejimler\">Other matrimonial property regimes<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"mal-rejimi-turleri\">\n<h2>Types of Matrimonial Property Regime and Choice of Matrimonial Property Regime<\/h2>\n<p>In Turkish law, there are four matrimonial property regimes that may apply. These are;<\/p>\n<ul class=\"pm-liste\">\n<li>Participation in acquired property (the statutory property regime)<\/li>\n<li>Separation of property<\/li>\n<li>Separation of property with sharing<\/li>\n<li>Community of property<\/li>\n<\/ul>\n<p>The parties are free to choose one of these matrimonial property regimes. Furthermore, a chosen matrimonial property regime may later be changed by choosing another matrimonial property regime. In order for the provisions of the matrimonial property regime they have chosen to apply, the spouses must enter into a matrimonial property agreement.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">If no choice has been made<\/p>\n<p>If no such choice has been made, the provisions of the participation in acquired property regime, which is the statutory matrimonial property regime under the Civil Code, will apply.<\/p>\n<\/div>\n<\/section>\n<section id=\"malvarligi-gruplari\">\n<h2>Participation in Acquired Property: Acquired and Personal Property<\/h2>\n<p>The Turkish Civil Code, which entered into force on 1 January 2002, adopted the participation in acquired property regime as the statutory matrimonial property regime. Accordingly, for spouses who married after 1 January 2002, the participation in acquired property regime will apply to them if they have not chosen an optional matrimonial property regime. For those who married before 1 January 2002, the participation in acquired property regime will apply as of that date. Under the participation in acquired property regime, there are two estates independent of each other: the wife\u2019s assets and the husband\u2019s assets. The wife\u2019s and husband\u2019s assets are in turn each divided into two categories: acquired property and personal property.<\/p>\n<h3>Acquired Property<\/h3>\n<p>Article 219\/1 TCC defines acquired property as <em>\u201cthe assets acquired by each spouse for consideration during the continuation of the property regime\u201d <\/em>. Three elements derive from this definition: 1) acquisition during the continuation of the property regime, 2) being an asset, 3) acquisition for consideration (labour, money, assets).<\/p>\n<p>The second paragraph of the article lists the following as examples of acquired property: 1. acquisitions in return for work, 2. payments made by social security or social assistance institutions and organisations or by funds and similar bodies established to assist staff, 3. compensation paid for loss of capacity to work, 4. income from personal property, 5. assets replacing acquired property. The examples listed in this article are not exhaustive; assets falling within the definition and not included in personal property are regarded as acquired property.<\/p>\n<h3>Personal Property<\/h3>\n<p>Article 220 TCC lists personal property by operation of law as follows: 1. items used exclusively for the personal use of one of the spouses, 2. assets belonging to one of the spouses at the beginning of the property regime or subsequently acquired by a spouse by inheritance or otherwise gratuitously, 3. claims for non-pecuniary damages, 4. assets replacing personal property.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Acquired property \u00b7 TCC Art. 219<\/p>\n<ul class=\"pm-liste\">\n<li>Acquisitions in return for work<\/li>\n<li>Payments made by social security or social assistance institutions and organisations, or by funds and similar bodies established to assist staff<\/li>\n<li>Compensation paid for loss of the capacity to work<\/li>\n<li>Income from personal property<\/li>\n<li>Assets replacing acquired property<\/li>\n<\/ul>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Personal property \u00b7 TCC Art. 220<\/p>\n<ul class=\"pm-liste\">\n<li>Items serving exclusively the personal use of one of the spouses<\/li>\n<li>Assets belonging to one of the spouses at the beginning of the matrimonial property regime or subsequently obtained by inheritance or by gratuitous acquisition<\/li>\n<li>Claims for non-pecuniary damages<\/li>\n<li>Assets replacing personal property<\/li>\n<\/ul>\n<\/div>\n<\/div>\n<h3>Contractual Personal or Acquired Property<\/h3>\n<p>Article 221 TCC provides: <em>\u201cBy means of a matrimonial property agreement, the spouses may agree that assets arising from the practice of a profession or the operation of a business which would otherwise form part of acquired property shall be deemed personal property. By means of a matrimonial property agreement, the spouses may also agree that income from personal property shall not form part of acquired property\u201d <\/em>and thus the spouses are given the possibility of agreeing, by concluding a matrimonial property agreement, that assets arising from the practice of a profession or the operation of a business which would otherwise form part of acquired property shall be deemed personal property.<\/p>\n<h3>Proof<\/h3>\n<p>Article 222 TCC contains a provision parallel to the provision on proof in Article 6 TCC. <em>\u201cA person who claims that a particular item of property belongs to one of the spouses is obliged to prove that claim\u201d<\/em> (Article 222\/1 TCC). Accordingly, the person making a claim will bear the burden of proving it. The second and third paragraphs of the article introduce two important presumptions.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Two important presumptions \u00b7 TCC Art. 222\/2-3<\/p>\n<p><em>\u201cProperty which cannot be proven to belong to either spouse is deemed to be in their co-ownership in shares (Article 222\/2 TCC).\u201d \u201cAll the property of a spouse is deemed to be acquired property until the contrary is proven (Article 222\/3 TCC).\u201d<\/em><\/p>\n<\/div>\n<\/section>\n<section id=\"sona-erme\">\n<h2>Termination of the Matrimonial Property Regime and the Liquidation Action<\/h2>\n<p>The grounds for the termination of the marital union are regulated in Article 225 TCC. According to this provision, <em>\u201cThe property regime ends upon the death of one of the spouses or upon the adoption of another property regime. Where the court decides that the marriage is to be terminated by annulment or divorce, or that there is to be a transition to separation of property, the property regime ends with effect from the date of the action (Article 225 TCC).\u201d<\/em><\/p>\n<p>After the marital union has ended, the liquidation stage of the property regime will commence as a consequence of the termination of the participation in acquired property regime. As a rule, liquidation may be carried out on the basis of a liquidation agreement between the spouses, the validity of which is not subject to any formal requirement and the rules of which they determine themselves. However, if the spouses have not concluded such a liquidation agreement, liquidation is carried out through a liquidation action brought by one of the spouses or their heirs.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Liquidation agreement<\/p>\n<p>Its validity is not subject to any formal requirement; the rules are determined by the spouses.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Liquidation action<\/p>\n<p>In the absence of agreement, liquidation is carried out by means of an action brought by one of the spouses or by their heirs.<\/p>\n<\/div>\n<\/div>\n<h3>Court with Subject-Matter and Territorial Jurisdiction in the Liquidation Action<\/h3>\n<p>The liquidation action to be brought is in the nature of a formative action. The court having subject-matter jurisdiction over a liquidation action is the family court. Territorial jurisdiction in liquidation actions is regulated in Article 214 TCC.<\/p>\n<blockquote class=\"pm-kanun\">\n<p><em>\u201cIn actions between spouses or heirs concerning the liquidation of a property regime, the following courts have jurisdiction: 1. where the property regime ends by death, the court of the deceased\u2019s last domicile; 2. where divorce, annulment of the marriage or separation of property by the judge is ordered, the court having jurisdiction over those actions; 3. in other cases, the court of the defendant spouse\u2019s domicile (Article 214 TCC).\u201d<\/em><\/p>\n<p><cite>Turkish Civil Code, Art. 214<\/cite><\/p><\/blockquote>\n<\/section>\n<section id=\"tasfiye-asamalari\">\n<h2>Stages of Liquidation<\/h2>\n<p>Liquidation essentially consists of four stages. These are:<\/p>\n<ol class=\"pm-adimlar\">\n<li><strong>Recovery of assets, allocation of an asset held in co-ownership to one of the spouses, and settlement of debts<\/strong><span>(TMK m. 226)<\/span><\/li>\n<li><strong>Separation of the categories of assets<\/strong><span>(TMK m. 228)<\/span><\/li>\n<li><strong>Calculation of the surplus value<\/strong><span>(TMK m. 227)<\/span><\/li>\n<li><strong>Calculation and payment of the participation claim<\/strong><span>The participation claim is determined by law, by agreement or by court judgment.<\/span><\/li>\n<\/ol>\n<h3>Recovery of Assets, Allocation of Co-Owned Property and Debts<\/h3>\n<p>Each spouse takes back his or her property held by the other spouse (Article 226\/1 TCC). For example, if a piece of jewellery has been taken, it will be returned to the spouse from whom it was taken.<\/p>\n<p>Article 226\/2 TCC provides: <em>\u201cDuring liquidation, if there is property held in co-ownership in shares, one of the spouses may, in addition to making use of the other options provided for by law, request that the property be allocated to him or her undivided by proving an overriding interest and paying the other spouse\u2019s share\u201d <\/em>and thus the possibility of allocating property held by the spouses in co-ownership in shares to one of them is provided. For such allocation, the following conditions must be met:<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Conditions for allocation \u00b7 TCC Art. 226\/2<\/p>\n<p>1- There must be an item held solely in the co-ownership in shares of the spouses,<\/p>\n<p>2- The spouse must have an overriding interest,<\/p>\n<p>3- The value of the share must be paid,<\/p>\n<p>4- The participation in acquired property regime must have ended and liquidation must have commenced,<\/p>\n<p>5- There must be a request.<\/p>\n<\/div>\n<p>The spouses may settle their mutual debts (Article 226\/3 TCC). The debts that the spouses settle may arise from any kind of obligation. The spouses may also settle between themselves their debts to third parties. For example, where one spouse is indebted to a third party from whom the other spouse has a claim, the spouses may make arrangements between themselves under the provisions of the law of obligations.<\/p>\n<h3>Separation of the Categories of Assets<\/h3>\n<p>The property in the spouses\u2019 estates is divided into two: personal property and acquired property. This property is assessed according to its condition at the time the property regime ends (Article 228\/1 TCC). The time of termination will be determined in accordance with Article 225 TCC. A different rule has been introduced regarding the allocation to a category of property of social security payments made to a spouse (Article 228\/2 TCC): <em>\u201cLump-sum payments made to one of the spouses by social security or social assistance institutions, or compensation paid for loss of capacity to work, shall, if, instead of the lump-sum payment or compensation, and in accordance with the procedure applied by the relevant social security or social assistance institution, <strong>a lifetime annuity had been granted<\/strong>, the capitalised value of the annuity for the period following the termination of the matrimonial property regime, as it would have stood on that date, is taken into account in the liquidation as personal property in that amount.\u201d<\/em><\/p>\n<\/section>\n<section id=\"artik-deger\">\n<h2>Calculation of the Surplus Value<\/h2>\n<p>Article 231 TCC defines the surplus value as <em>\u201cthe amount remaining after deducting the debts relating to that property from the total value of each spouse\u2019s acquired property, including the amounts obtained through addition and equalisation\u201d <\/em>. On the basis of this definition, the assets and liabilities may be identified as follows:<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Assets<\/p>\n<ul class=\"pm-liste\">\n<li>Acquired property existing at the time of liquidation (rights and claims)<\/li>\n<li>Claim for a share in the increase in value<\/li>\n<li>Values to be added<\/li>\n<li>Equalisation claim (contributions made from acquired property to personal property)<\/li>\n<\/ul>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Liabilities<\/p>\n<ul class=\"pm-liste\">\n<li>Obligations<\/li>\n<li>Debt for a share in the increase in value<\/li>\n<li>Equalisation debt (contributions made from personal property to acquired property)<\/li>\n<\/ul>\n<\/div>\n<\/div>\n<h3>Claim for a Share in the Increase in Value<\/h3>\n<p>On this matter, TCC Art. 227 provides <em>\u201cWhere one of the spouses has contributed, without receiving any or adequate consideration, to the acquisition, improvement or preservation of property belonging to the other, he or she shall, upon liquidation, have a claim in proportion to his or her contribution for the increase in value of that property, and this claim shall be calculated according to the value of that property at the time of liquidation; where there has been a loss in value, the original value of the contribution shall be taken as the basis\u201d<\/em> . For this article to apply, the following four conditions must be fulfilled:<\/p>\n<ul class=\"pm-liste\">\n<li>There must be a contribution to the other spouse\u2019s estate,<\/li>\n<li>There must be no intention to make a gift and no counter-performance,<\/li>\n<li>There must be an increase in value at the time of liquidation,<\/li>\n<li>Liquidation of the property regime must be requested.<\/li>\n<\/ul>\n<h3>Calculation of the Claim for a Share in the Increase in Value<\/h3>\n<p>For this calculation to be made, three stages must essentially be completed: calculation of 1) the increase in value, 2) the share in the increase in value, and 3) the claim for a share in the increase in value.<\/p>\n<p><strong>1- Increase in Value: <\/strong>The difference between the initial value of the asset and its value at the time the property regime ends.<\/p>\n<ul class=\"pm-liste\">\n<li>Initial value: if the contribution was made on the date the asset was acquired, Initial value = Acquisition value <strong>+ <\/strong>Amount of contribution,<\/li>\n<\/ul>\n<p>If the contribution was made after acquisition, Initial value = Value of the asset on the date of the contribution + Amount of contribution<\/p>\n<p><strong>2- Share in the Increase in Value: <\/strong>This is found by proportionally reflecting the contribution to the initial value in the increase in value of the asset to which the contribution was made. Expressed as a formula:<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Formula<\/p>\n<ul class=\"pm-liste\">\n<li>Ratio of share in the increase in value = Amount of contribution \/ Initial value<\/li>\n<li>Share in the increase in value = Amount of increase in value \u00d7 Ratio of share in the increase in value<\/li>\n<\/ul>\n<\/div>\n<h3>Compensation Claim<\/h3>\n<p class=\"pm-tanim\"><strong>The compensation claim<\/strong> may be defined as the claim arising in favour of the financing group of assets where a spouse has met debts relating to acquired property out of personal property, or debts relating to personal property out of acquired property (TCC Art. 230\/1).<\/p>\n<p>Each debt encumbers the category of assets to which it relates. A debt whose category cannot be determined is deemed to relate to acquired property (TCC Art. 230\/2).<\/p>\n<p>There are two types of equalisation claim: the ordinary equalisation claim and the extraordinary equalisation claim. Where a spouse\u2019s debts relating to acquired property are paid from personal property, or debts relating to personal property are paid from acquired property, an ordinary equalisation claim will arise.<\/p>\n<p>From acquired property to the personal property category = equalisation claim in the surplus value calculation <strong>as an asset;<\/strong><\/p>\n<p>From personal property to the acquired property category = equalisation claim in the value calculation <strong>as a liability <\/strong>is included.<\/p>\n<p>Where a contribution has been made from one category of property to the acquisition, improvement or preservation of property in the other category, an extraordinary equalisation claim will arise (Article 230\/3 TCC). Where there is an increase or decrease in value, the extraordinary equalisation claim comes into play.<\/p>\n<p>Extraordinary equalisation claim = basic contribution + share in the increase in value or share in the decrease in value.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Ordinary equalisation claim<\/p>\n<p>Arises where a debt relating to one category of assets has been paid out of the other category of assets.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Extraordinary equalisation claim \u00b7 TCC Art. 230\/3<\/p>\n<p>Arises where one category of assets has contributed to the acquisition, improvement or preservation of an asset in the other category.<\/p>\n<\/div>\n<\/div>\n<h3>Values to Be Added<\/h3>\n<p>Article 229 TCC provides that the following are to be added as values to acquired property:<\/p>\n<ol class=\"pm-sirali\">\n<li>Within the period before the end of the property regime, by one of the spouses <strong>one year<\/strong> without the consent of the other <strong>the consent of the spouse<\/strong> without, <strong>customary gift<\/strong>s, made other than <strong>gratuitous disposition<\/strong>,<\/li>\n<li>Transfers made by a spouse during the continuance of the property regime with the intention of reducing the other spouse's participation claim.<\/li>\n<\/ol>\n<h3>Surplus Value<\/h3>\n<p>Article 231 TCC defines the surplus value as <em>\u201cthe amount remaining after deducting the debts relating to that property from the total value of each spouse\u2019s acquired property, including the amounts obtained through addition and equalisation\u201d<\/em> is defined as follows.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Formula<\/p>\n<p>Surplus Value = Assets \u2212 Liabilities<\/p>\n<\/div>\n<\/section>\n<section id=\"katilma-alacagi\">\n<h2>The Participation Claim and Its Payment<\/h2>\n<p>The participation claim may be determined in three ways: by law, by court decision and by agreement.<\/p>\n<ul class=\"pm-liste\">\n<li><strong>Statutory participation in the surplus value: <\/strong>Each spouse or his or her heirs are entitled to half of the surplus value of the other spouse (Article 236\/1 TCC).<\/li>\n<li><strong>Contractual participation in the surplus value: <\/strong>For participation in the surplus value, <strong>by a property regime agreement<\/strong> a different basis may be adopted (Article 237\/1 TCC), and where the court decides that the marriage is to be terminated by annulment or divorce or that there is to be a transition to separation of property, agreements departing from the statutory rules on participation in the surplus value are valid only if <strong>this is expressly provided for in the matrimonial property agreement<\/strong> (Article 238 TCC).<\/li>\n<li><strong>Determination of the participation claim by court decision: <\/strong>In the case of divorce on grounds of adultery or attempt on life <strong>judge<\/strong>, the judge may decide that the share of the spouse at fault in the surplus value be reduced or removed in accordance with equity <strong>may decide<\/strong> (Article 236\/2 TCC).<\/li>\n<\/ul>\n<h3>Payment of the Participation Claim<\/h3>\n<p>The participation claim and the share in the increase in value may be paid in kind or in money (TCC Art. 239\/1). For payments in kind, the market value of the assets will be taken as the basis.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Deferral of payment \u00b7 TCC Art. 239\/2<\/p>\n<p>TMK m. 239\/2\u2019de <em>\u201cIf immediate payment of the participation claim and the share in the increase in value would cause serious difficulties for the debtor spouse, he or she may request that the payments be deferred for a reasonable period\u201d <\/em>and thus the possibility of deferring payment is provided.<\/p>\n<\/div>\n<\/section>\n<section id=\"diger-rejimler\">\n<h2>Separation of Property, Separation of Property with Sharing, and Community of Property<\/h2>\n<h3>Separation of Property Regime<\/h3>\n<p>Under the separation of property regime, the principle is that the wife\u2019s and the husband\u2019s assets are separate. &#8211; Under the separation of property regime, each spouse retains the rights of management, use and disposal over his or her own assets within the statutory limits (TCC Art. 242). Accordingly, if the spouses have chosen the separation of property regime;<\/p>\n<ol class=\"pm-sirali\">\n<li>Return of Ownership<\/li>\n<li>Contribution Claim<\/li>\n<li>Dissolution of Co-Ownership<\/li>\n<\/ol>\n<p>apart from these cases, there will be no liquidation. Reference is made to the provisions on separation of property with sharing as regards evidence, liability for debts and the allocation of co-owned property.<\/p>\n<h3>Separation of Property with Sharing Regime<\/h3>\n<p>The spouses may also choose the separation of property with sharing regime by means of a matrimonial property agreement. What distinguishes this regime from the separation of property regime is that its effect becomes apparent upon the termination of the marital union. This regime, which displays exactly the features of the separation of property regime during the marriage, manifests itself at the liquidation stage upon termination of the marital union in the following respects:<\/p>\n<ul class=\"pm-liste\">\n<li>The spouses take back their property held by the other spouse.<\/li>\n<li>Where the spouses own property in shares, the spouse who proves an overriding interest in being allocated the property is entitled to request that it be allocated to him or her upon payment of the other spouse\u2019s share.<\/li>\n<li>Where a spouse has contributed to property of the other spouse that is excluded from sharing, he or she may claim from the other spouse the amount corresponding to that contribution.<\/li>\n<\/ul>\n<p>Property and investments in the joint use of the marital union are divided equally between the spouses.<\/p>\n<h3>Community of Property Regime<\/h3>\n<p>It is regulated in Articles 256 et seq. of the Turkish Civil Code. The community of property regime will cover the community property and the spouses\u2019 personal property. By concluding a matrimonial property agreement (commonly known as a marriage contract), the spouses may include their personal property in the community and create a community of property. On the other hand, the spouses are obliged to act jointly with respect to the assets tied to the marriage and may not make arbitrary dispositions of immovable and movable property.<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-divorce-lawyer\/\">Divorce Lawyer in Ankara<\/a> \u2014 uncontested and contested divorce, custody, maintenance and division of property<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=4721&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Civil Code No. 4721<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Matrimonial Property Regime: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What are the types of matrimonial property regime?<\/summary>\n<div>\n<p>There are four matrimonial property regimes in Turkish law: participation in acquired property (the statutory regime), separation of property, separation of property with sharing, and community of property. The spouses are free to choose one of them and may subsequently change the regime they chose.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which regime applies if the spouses do not conclude a matrimonial property agreement?<\/summary>\n<div>\n<p>E\u015fler mal rejimi s\u00f6zle\u015fmesiyle bir se\u00e7im yapmam\u0131\u015fsa, T\u00fcrk Medeni Kanunu&#8217;nda yasal mal rejimi olarak kabul edilen edinilmi\u015f mallara kat\u0131lma rejimi h\u00fck\u00fcmleri uygulan\u0131r.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which assets are deemed personal property?<\/summary>\n<div>\n<p>TMK m. 220&#8217;ye g\u00f6re e\u015flerden birinin yaln\u0131z ki\u015fisel kullan\u0131m\u0131na yarayan e\u015fya, mal rejiminin ba\u015flang\u0131c\u0131nda e\u015fe ait olan ya da sonradan miras veya kar\u015f\u0131l\u0131ks\u0131z kazanma yoluyla edinilen malvarl\u0131\u011f\u0131 de\u011ferleri, manevi tazminat alacaklar\u0131 ve ki\u015fisel mallar yerine ge\u00e7en de\u011ferler ki\u015fisel mald\u0131r.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>When does the matrimonial property regime end?<\/summary>\n<div>\n<p>TMK m. 225&#8217;e g\u00f6re mal rejimi e\u015flerden birinin \u00f6l\u00fcm\u00fc veya ba\u015fka bir mal rejiminin kabul\u00fcyle sona erer. Mahkemece evlili\u011fin iptali, bo\u015fanma veya mal ayr\u0131l\u0131\u011f\u0131na ge\u00e7ilmesine karar verilmesi h\u00e2llerinde ise mal rejimi dava tarihinden ge\u00e7erli olmak \u00fczere sona erer.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which court has jurisdiction and venue in an action for liquidation of the matrimonial property regime?<\/summary>\n<div>\n<p>G\u00f6revli mahkeme aile mahkemesidir. TMK m. 214&#8217;e g\u00f6re \u00f6l\u00fcmle sona ermede \u00f6lenin son yerle\u015fim yeri mahkemesi; bo\u015fanma, evlili\u011fin iptali veya mal ayr\u0131l\u0131\u011f\u0131 karar\u0131nda bu davalarda yetkili mahkeme; di\u011fer durumlarda daval\u0131 e\u015fin yerle\u015fim yeri mahkemesi yetkilidir.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What is a claim for a share in increase in value?<\/summary>\n<div>\n<p>TMK m. 227&#8217;ye g\u00f6re bir e\u015f, di\u011ferine ait bir mal\u0131n edinilmesine, iyile\u015ftirilmesine veya korunmas\u0131na hi\u00e7 ya da uygun bir kar\u015f\u0131l\u0131k almaks\u0131z\u0131n katk\u0131da bulunmu\u015fsa, tasfiyede bu maldaki de\u011fer art\u0131\u015f\u0131 i\u00e7in katk\u0131s\u0131 oran\u0131nda alacak hakk\u0131na sahip olur.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can payment of the participation claim be deferred?<\/summary>\n<div>\n<p>The participation claim and the share in increase in value may be paid in kind or in money. If immediate payment would cause serious difficulties for the debtor spouse, the debtor spouse may request that payment be deferred for a reasonable period (TMK Art. 239).<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about the division of assets?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of family law.<\/p>\n<p>Fill in the form and we will call you. 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You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>MATRIMONIAL PROPERTY REGIMES IN GENERAL Our Turkish Civil Code, in the event of the termination of the marital union, the property held during the marital union\u2026<\/p>","protected":false},"author":1,"featured_media":402,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-185","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-aile-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/185","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=185"}],"version-history":[{"count":7,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/185\/revisions"}],"predecessor-version":[{"id":788,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/185\/revisions\/788"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/402"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=185"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}