27 MAY EXAMPLE OF GOODS REGIME LIQUIDATION IN CASE OF DEATH
Posted at 21:05h in Bilgi Deposu by Fatih Üçgül 0 Comments
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The deceased spouse has an immovable worth 400,000 TL that he bought with the goods acquired in the marriage union. The surviving spouse and the deceased spouse have 1 joint child. Primarily, due to the termination of the surviving spouse’s marriage union with death, there is a receivable within the scope of the participation regime to 1/2 acquired properties arising from the property regime. In other words, the surviving spouse has a receivable of 200,000 TL primarily arising from family law.
In addition, since the surviving spouse has the title of heir with 1 child, he has the right to 1/4 inheritance share in terms of inheritance law. (In this case, the child’s share of inheritance is 3/4.) In this case, we can say that the portion of the deceased spouse’s estate to be shared is actually 200,000 TL, because the surviving spouse has already received his receivables arising from the property regime. 200,000 TL remained to the deceased spouse. In this case, the surviving spouse will be entitled to 1/4 of this 200,000 TL, that is, 50,000 TL, as he is the heir of the deceased spouse. As a result, the surviving spouse will have a receivable of 200,000 + 50,000 TL.
This example can also be reversed, as it is possible to file a lawsuit for the heirs to participate in; If the immovable property in question is acquired and registered during the period of participation in the property acquired on behalf of the surviving spouse, this time the joint child may request the participation fee from the surviving spouse as the legal heir of the deceased spouse (as per the universal succession).
