Abstract:

The establishment of a marriage union causes spouses to live together and share some economic life. The rights and debts acquired by the spouses during the time period together constitute the scope of the property regime concept. The dissolution of the property regime brings to the agenda the sharing of the rights and debts obtained. According to the Turkish Code of Obligations, the legal property regime is the regime of participation in acquired property. The spouses will be able to choose the comminity property regime, seperate property regime and shared property regime by means of matrimonial property agreement. However, in some cases, the property regime between the spouses is transformed into separate property regime with the abnormal property regime. The transition to an abnormal property regime is a protective measure in the broad sense of a union of marriage. This measure separates the property of the spouses. Thus, the economic danger of one of the spouses does not affect the assets of the other spouse. However, measures are taken if one of the spouses’ economic contribution to the marriage union is disproportionate to the contribution of the other spouse. Transition to abnormal property regime can be provided by court order upon the claim of a single spouse or creditor. In addition, in certain cases, it is also possible to switch to an abnormal property regime ex officio by law.

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