Marriage is not only an emotional union, but also a shared life in legal and economic terms. In this context, it is a matter of curiosity whether the salary of the other spouse will be seized if one of the spouses gets into debt. Let’s examine how this situation is handled in Turkish law.
Liability of Spouses for Debts
According to the Turkish Civil Code, the property regime between spouses is a determining factor. The most common property regime in Turkey is the regime of participation in acquired property. However, a different property regime may be determined between the parties. This situation may also affect who will be responsible for the debts and to what extent.
Personal Debts and Spouse Liability
As a general rule, if one of the spouses gets into debt in their own name, only the spouse who gets into debt is responsible for this debt. The salary or assets of the other spouse cannot be directly seized.
However, there are some exceptional cases:
If the spouses have chosen the property sharing regime and the debt is considered a joint obligation, the assets of both spouses may be subject to seizure.
If the debt is a result of the family’s common expenses (such as children’s education or shared housing expenses), the other spouse may also be responsible for the debt.
What Happens If the Debtor Spouse’s Salary is Garnished?
If one of the spouses has incurred debt and cannot pay the debt, the creditor may initiate enforcement proceedings. If the debt belongs only to the debtor spouse, only his/her salary can be garnished. However, only 1/4 of the salary can be garnished, not the entire salary. The remaining portion is left to provide for the debtor and his/her family.
Can the Other Spouse’s Salary Be Garnished?
No, the other spouse’s salary cannot be garnished. Because the other spouse is not a party to the debt. Spouses cannot be held personally responsible for each other’s debts. However, there may be exceptions to the following:
If the debt is assumed through guarantorship: If one of the spouses has become a guarantor for the other spouse’s debt, the salary of the guarantor spouse may also be subject to garnishment.
If the debt is related to a loan in a joint account: If the spouses have taken out a joint loan and shared the payment obligation, the salary of both spouses may be garnished.
Liability Arising from the Property Regime: If the property community regime is chosen, the debt may cover all joint assets.
In Which Cases Does the Family Home Be Seized?
If the debt belongs to one spouse and the other spouse is not a party to the debt, special conditions are sought for the seizure of the home used as the family home. According to Article 194 of the Turkish Civil Code, it is not possible to sell or mortgage the family home without the consent of the spouses in the land registry office. However, if the debt is due to a loan for the family home, the bank or the creditor may initiate the seizure process.
To summarize, the salary of the other spouse cannot be directly garnished due to the debt of one spouse. However, there may be some exceptional cases depending on the nature of the debt and the property regime between the spouses. In order not to suffer due to the debt, spouses should be careful during the debt process and know their legal rights. If you are faced with the threat of foreclosure due to a spouse’s debt, you should seek legal recourse by consulting an attorney.
