End Time of the Goods Regime
In order to file a lawsuit for the liquidation of the property regime; The existing property regime between the parties must come to an end. The end of the property regime is not the same as the end of the marriage union. Sometime
The existing property regime between spouses ends before the marriage union ends.
Although the marriage union continues, the existing property regime
may end.
In which cases the current property regime between spouses will end
It is shown in Article 225 of the TMK. Accordingly, the situations that terminate the goods regime;
a) In the event of the death of one of the spouses: On the date of death, both the marriage union and the property regime end as of the date of death.
b) The current property regime between the spouses and the property regime agreement
if they choose one of the other regimes specified in the law, except:
On the date this new regime was elected, the old property regime among them also came to an end.
it melts. For example, if the spouses got married on 01.01.2004 and the property regime
Let’s say they don’t have a contract. According to the law, they will be subject to the regime of participation in compulsorily acquired property from the date of their marriage. Spouses shown in the law on 01.01.2012
choose one of the other property regimes, for example property separation regime
in case of; Although the marriage union continues, the date of marriage is 01.
The regime of joining the acquired goods, which started on 01.2004, began on 01.01.2012 when the property separation regime was selected with the property regime agreement.
will have ended.
c) In case of annulment of divorce and marriage:
The existing property regime between the spouses at the date of filing of the annulment case is also
will end. If the marriage union is; It will end on the date of finalization of the decision regarding the annulment of the divorce or marriage, not on the date when the divorce or annulment proceedings are filed.
d) Decision by the judge to move to “separation of property”
In case of: When the spouses want together, the existing property regime between them
they can change or remove them by adhering to legal limits. For example before
Although they have chosen the property separation regime, they may choose one of the property partnership or other regimes specified in the Law later on. However, in the law
In some exceptional cases (Turkish Civil Code 206 et al.), one of the spouses
388
current property regime with the decision of the family court judge
It can be converted into a “separation of property regime”. In this case, the marriage union
Although the existing property regime between the parties continues (for example, participation in acquired properties, property partnership regime or shared property)
separation regime) on the date when the case for transition to the extraordinary property regime was filed
will end.
