TOĞAN LAW OFFICE
Joining Acquired Goods
What is the Regime of Participating in Acquired Goods?
In accordance with Paragraph 1 of Article 202 of the Civil Code No. 4721, which came into force on 1.1.2002, the legal property regime in Turkish Law is the regime of participation in acquired property. So, as of 1.1.2002, unless the spouses choose one of the regimes of goods stipulated in the law, they will be subject to the regime of joining acquired goods.
In the first paragraph of Article 219 of the Law, the acquired goods are defined as “assets values obtained by each spouse in return for the continuation of the property regime” and although the lawmaker does not determine the acquired goods in a limited number, it counts the basic examples of the goods acquired in the second paragraph as follows:
Actions corresponding to the work of spouses (salary, bonus, tip, etc.)
Payments made by social security or social assistance institutions and organizations, or funds established for the purpose of helping personnel (monthly, retirement bonus, etc. connected by the Pension Fund).
Compensations paid due to loss of working power (Compensation paid due to work accident, etc.)
Income of personal goods (interest return of Capital, etc.)
Values replacing the acquired goods (the apartment where the spouse accumulates the fee) Acquired goods are included in the liquidation to be made if the regime of joining the acquired goods ends. Spouses can conclude with the contract of property regime that “incomes of personal goods” will not be included in acquired goods. After the debts related to these goods are subtracted from the total value of the acquired goods of each spouse, the other spouse has over half the remaining value.
Personal goods, on the other hand, are goods outside the liquidation to be made if the regime of joining acquired goods ends. With the end of the regime of joining acquired goods, each spouse takes back their personal property in the other spouse. According to Article 220 of the Law, “Those listed below are personal property in accordance with the law:
1. Goods that are used only for personal use of one of the spouses,
2. Asset values that belong to one of the spouses at the beginning of the property regime or that a spouse acquired later by inheritance or by any form of unrequited winnings,
3. Spiritual compensation claims,
4. Values that replace personal goods. ”
Anyone who claims that a particular property belongs to one of the spouses is obliged to prove his claim, and the goods which cannot be proved to belong to the spouses are deemed to be their property.
If the spouses cannot prove that the property of which they are entitled to be personal property, there is a presumption that the elements of the property in question will be accepted as acquired property.
The property regime ends with the death of one of the spouses or the acceptance of another property regime. In addition, in cases where the Court decides to end the marriage due to cancellation or divorce or to switch to a separation of property, the property regime ends, valid from the date of the lawsuit.