Extraordinary property regime

Establishing a marriage union causes spouses to live together and to share economic life. The rights and debts acquired by the spouses during the time period together constitute the scope of the property regime. With the end of the property regime, the sharing of the rights and debts acquired by the spouses during their time together; that is, its liquidation comes to the fore. According to the Turkish Civil Code numbered 4721, the legal property regime in Turkish law is the regime of participation in acquired property. In other words, as long as the spouses do not choose one of the optional property regimes mentioned in the Law, the regime of participation in acquired property, which is a legal property regime, is applied. However, with the incarnation of some situations, the property regime between the spouses turns into a property separation called the extraordinary property regime. In this context, the transition to the extraordinary property regime is a measure to protect the marriage union in a wide sense. With this measure, the assets of each spouse are separated from each other. In this way, the financial danger of one of the spouses will not spread to the assets of the other spouse. The transition to the extraordinary property regime is provided by court decision at the request of the spouse or the creditor. In addition, the transition to the extraordinary property regime automatically comes to the fore with the liquidation of the previous regime.