Liquidation of legal property regime and mediation

ABSTRACT Property regime is set of rules that how to be shared acquired properties when the spouses acquired before or during the marriage. Unless the spouses make separate property regime agreement , they are deemed to have accepted the regime of participation in acquired property with marriage. Therefore, the regime of participation in acquired property which is the legal property regime of majority of spouses in general terms will be examined in the first chapter as a legal regime of majority of marriages. The Property regime is liquidated when legal property regime ends with one of the situations listed in article 225 of the Turkish Civil Code.At the end of liquidation process, spouses' claim of participation is determined. The case of liquidation of the property regime is not an annex to the divorce case, but the divorce decision must be finalized in order for the liquidation case to continue. How the legal property regime will be liquidated within the framework of the current jurisprudence of the Supreme Court is examined in the second chapter. With the Law on Mediation in Legal Disputes, mediation has been implemented for disputes that are suitable for mediation. There is no stipulated mediation case requirement for family disputes. Since the property regime cases are also family disputes, it should be examined whether it is possible to resolve these cases through mediation. Because the long and costly judicial process is quite tiring for spouses. At the third chapter, the applicability of mediation in legal regime of property of liquidation disputes is discussed by comparing it with some practices in the Continental European law system. Key Words: Regime of Participation In Acquired Property, Claim of Participation, Liquidation, Mediation, Suitability.