The management and sharing of the assets of the spouses before or after the marriage constitutes the scope of the property regime. During divorce processes, the division of property between spouses is a major problem. Property regime rules have an important role in solving these problems. Spouses have the right to choose any of the property regimes specified in the law by concluding the property regime agreement, which is known as the marriage contract in practice. Marriage contract The property regime agreement, also known as the property regime agreement in the law, is stipulated in Article 203 of the Turkish Civil Code. According to the law, the property regime agreement is a voluntary agreement that couples can make at any time before or after marriage. However, this contract is subject to legal limits. Spouses cannot conclude contracts other than the property regimes specified in the law. 

Spouses In the absence of a marriage contract, the regime of participation in acquired property, i.e. the legal property regime, will apply. In the Turkish Civil Code, which entered into force on January 1, 2002, the legal property regime between the spouses was accepted as the regime of participation in acquired property. If the spouses were married before this date, but no other property regime has been chosen between the spouses within one year after the entry into force of the Turkish Civil Code, the regime of participation in acquired property will be applied.

Acquired Property

Acquired property is the assets acquired by each spouse during the continuation of this property regime.

• Acquisitions in return for spouses' work,
• Payments made by social security or social welfare institutions and organizations or funds and similar funds established for the purpose of helping personnel,
• Compensation for loss of earning capacity,
• Income from personal property,
• Substitutes for acquired assets.

Personal Goods

• An item for the sole personal use of one of the spouses,
• Assets belonging to one of the spouses at the beginning of the property regime or acquired by one of the spouses through inheritance or any other form of gratuitous acquisition,
• Claims for moral damages,
• Substitutes for personal goods.

The spouses may agree in the property regime agreement that the assets that should be included in the acquired property arising from the practice of a profession or the activity of a business shall be considered as personal property. The spouses may also agree in the property regime agreement that the income of personal property shall not be included in the acquired property.

 Each spouse has the right to manage, benefit from and dispose of their personal and acquired property within the legal limits. However, these rights are subject to certain legal limits. For example, in order to dispose of the house, which is the family residence, inherited by one of the spouses, the consent of the other spouse is required. And again, one of the spouses cannot dispose of his/her share in the property subject to shared ownership without the consent of the other spouse.

Termination of the Regime of Participation in Acquired Property

• Death of spouses
• The spouses choose another property regime by agreement,
• The court decides to annul the marriage,
• Termination of marriage due to divorce,
• In cases where the court decides to switch to the separation of property regime, the regime of participation in acquired property between the spouses will end.

Liquidation in the Regime of Participation in Acquired Property

With the commencement of the property liquidation proceedings, all property of the spouses is accepted as acquired property until proven otherwise. The legislator has obliged the person claiming that the property is personal property to prove it.  

     The following stages are carried out in liquidation procedures respectively:

1. Each spouse gets back the property of the other.
2. The acquired and personal property of the spouses is determined.
3. If they have property subject to shared ownership, the shares are separated.
4. The residual value is found after the value increase share, values to be added and equalization. (Residual value is the amount remaining after the debts related to the acquired property of each spouse are subtracted from the total value of the acquired property of each spouse, including the amounts obtained after additions and equalization).