THE REGIME OF PARTICIPATION IN GOODS ACQUIRED BETWEEN THE PRACTICE

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If the spouses who got married after January 1, 2002 do not choose one of the elective property regimes with the property regime agreement they will make, they will choose the regime of participation in the acquired property.

There are essentially two types of goods in the regime of participating in acquired properties;

  • Acquired property MK m219
  • Personal goods MK m.220

 

The property regime contract;

  • Before marriage
  • At the time of marriage
  • They can do it after they get married.

If a property regime contract is to be made before or after marriage; A property regime contract should be made with notarization or approval.

During the application of the spouses during the marriage, the spouses can notify the property regime they have chosen in writing.

Spouses can only choose the property regime during marriage. For example, they cannot determine the values ​​of the participation credit at the time of application.

Spouses can only choose, change or remove the property regime within the limits specified in the law. If a change is desired to be made in the contract, it should be determined in detail what the changes are.

Property separation regime, spouses may want to change the existing property regime from the court. For example, if the other spouse’s assets are in debt and one of the spouses is constantly deprived of the power to distinguish, one of the spouses may apply to the family court and decide on the transition of the current property regime to the property separation regime.

If the property regime ends, the marriage continues even if there is a transition to another regime. Even if the marriage union continues, the previous property regime is liquidated because the previous property regime ends with the decision of the judge.

There are two types of goods in the regime of participating in acquired properties;

Acquired property:

Must be acquired during the continuation of the property regime. Acquired property is acquired in a marriage union. With the establishment of marriage, the property regime is also established.
The property owned by one of the spouses is the acquired property as long as it cannot be proven otherwise.

The date on which one of the spouses deposited the money is the date of acquiring the property.

What gains fall into acquired goods?
  • Acquisitions in return for work,
  • Income of personal property,
  • Compensation paid due to loss of working power,
  • Values ​​as substitutes for acquired goods.

Personal Goods:

Means that the other spouse cannot claim to receive participation on that good. The goods accumulated before the spouses get married enter the property regime as personal property. The party claiming to be personal property must prove this.

Which goods are personal property?
  • Goods for personal use only of one of the spouses,
  • Properties that belong to one of the spouses at the beginning of the property regime or that a spouse acquired by inheritance later,
  • Non-pecuniary damages
  • They are values ​​that replace personal goods.

As a rule, the goods allocated to the performance of a profession or the activity of the enterprise are acquired goods. If the spouses wish, they can decide that these goods are personal property with the property regime agreement.

It is not necessary for a spouse to end the marriage or to end the property regime in order for a spouse to request the jewelery found in the other spouse or the dowry he brought at the beginning. While the marriage union continues, while the property regime continues, a spouse may reclaim the property of the other spouse. This is the case of a month.

Is the profit share earned in the company included in the property regime?

The income earned by individuals in return for their work is acquired property. Even if the company in question is a personal property, the dividend obtained is an acquired property, since the income obtained from personal property will be acquired property.

 

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Stj. Hunting. Dilan Ecem Ceylan

Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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