Özet:

With the entry into force of the new Turkish Civil Code on 01.01.2002, the legal property regime is the regime of participation in acquired property, but in accordance with the main rule of freedom of contract, spouses can always choose one of the contractual property regimes with a new property regime contract by going to the notary and issuing or approving it ( TMK art.202/II; art.203). Here, if the spouses have chosen the "separation of property regime", which is one of the contractual property regimes, by making a Separation of Property Agreement in the Form of Arrangement at the notary before marriage, the ownership status of the goods and the participation receivable will be emphasized. In order for the provisions of the property regime to apply, there must be a legally established marriage. With the marriage of spouses, the separation of property regime will begin to be implemented and will have effects in the future. In the separation of property regime, the property of the husband and wife is separate. In this commodity regime; Unlike property partnership and property union regimes, there is no common property group. It is accepted that the property of husband and wife remains separate during the marriage. Each spouse has the sole authority to manage their own property as they wish, to benefit from them as they wish, and to dispose of them. When the marriage ends, there is no division of property and each spouse receives their own property. Property that cannot be proven to belong to either spouse is considered their shared property. Immovable properties acquired jointly by spouses belong to the spouses at a rate of ½, unless a contrary sharing is agreed. If the spouse claims that although ½ of the property in question is registered in the name of the other spouse, these properties are his personal property, he must prove this, or if he claims that he made a financial contribution to the purchase of ½ share of real estate registered in the name of the other spouse, he can claim a contribution receivable by proving this. However, if these are not the case, the immovable properties registered on the spouses' land registry will be considered their personal property, whereas the immovable properties registered jointly on the spouses in the deed registry will be considered as joint ownership. Unless there is an agreement to the contrary, share ratios are ½. However, if the spouse proves that he has a superior interest in the property subject to joint ownership, when the property regime ends, the share of the other spouse He may request that the jointly owned property be given to him by paying the equivalent amount on the payment date. Spouses have 1/2 right to the money in the joint bank account from which each spouse is authorized to withdraw money. Company shares are in the personal property group, but the income obtained from the shares can be included in the acquired property group and subject to liquidation in accordance with TMK Article 219/b.4. However, since liquidation shares in terminated partnerships cannot be considered as income, they are considered personal property and cannot be subject to liquidation. In cases where the Separation of Property Regime has been chosen between the parties, although there is reference to some regulations regarding the Shared Property Separation Regime under the title of "Other Provisions" in TMK Article 243, since there is no regulation regarding the contribution fee, the acquired properties in the "Participation in Acquired Properties Regime" Regulations regarding personal property/value increase receivables may be applied comparatively here as well.

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