TMK Article 202 et seq.: Spouses can choose a regime different from the legal property regime with a property regime agreement.
Types of Property Regime
- Participation in acquired property: Legal (default)
- Separation of property: Each spouse has his or her own property
- Commonwealth of property: All property. joint
- Shared property separation: Mixed
Contract Form
- Written + notary approval
- Before or after marriage
- Notification to the official marriage officer
Prenuptial Agreement (Prenup)
- In Europe/USA common
- Can be made as a property regime agreement in Türkiye
- Can also regulate the conditions of divorce (limited)
Advantage of Separation of Property
- No complex liquidation during divorce
- Each spouse has their own assets
- Debts are also separate
- Suitable for investment/business
Community of Property Risk
- The property of the other spouse may be seized for the debt of one spouse
- It is less preferred in practice
Supreme Court 8. HD
8. HD adopts that property regime contracts should be "clear and unambiguous" and that the legal regime will be applied in case of uncertainty.
Family law lawyer is recommended.