Types of Property Regimes and Legal Regulations

The Turkish Civil Code provides for four different property regimes in order to regulate the rights of couples who are about to get married over their property: participation in acquired property, separation of property, separation of shared property and community of property. According to the law, the legal property regime is the participation in acquired property regime. However, if couples wish to choose a property regime other than this legal regime, they can make a property regime contract by drawing up or approving it at a notary before getting married. This contract, which must be made before the date of marriage, ensures how the assets will be managed in the future and how they will be shared in the event of divorce.

Conditions for Validity of Notarized Contract

In order for a premarital property regime agreement to be valid, it must be prepared in writing and notarized. Verbal agreements are not considered legally valid. It is important to determine that the parties acted with free will during notary transactions. The notary reads the text of the contract to the parties, makes sure they understand it and then approves it. This contract should be prepared clearly and explicitly between the parties, and it should be clearly stated which properties will be considered personal and which will be acquired. These transactions, which are carried out at notaries in Antalya, are sufficient for the legal validity of the contract.

Property Regime Agreement Process in Antalya

Couples preparing for marriage in Antalya should first contact an experienced lawyer in this field to make a property regime agreement. The lawyer prepares a draft contract that is suitable for the parties' demands and assets. After the contract is prepared, it is approved by a notary in Antalya. Both parties must be present during the notary procedures. In addition, the property regime agreement should be made before the marriage application and added to the marriage file. In some cases, although couples want to complete the contract on the same day as the marriage application, this process can take time due to the intensity; therefore, it is recommended to make an appointment in advance.

What Does the Property Regime Agreement Cover?

The contract specifies all assets owned by the parties, such as real estate, vehicles, bank accounts, company shares, and valuables. It should also be clearly defined whether assets acquired in the future will be included in the regime. The distinction between acquired and personal property should be clearly written. Acquired property includes elements such as income earned by working during the marriage, social security payments, and compensations. Personal property includes inheritance, donations, and property owned before marriage. This distinction has a direct impact on property division in the event of a possible divorce.

Is it possible to change the property regime after marriage?

The parties may also enter into a property regime agreement or change the current regime after the marriage. For this, a notarized contract must be made. However, it should be noted that for such changes to be valid, they will apply to the properties after the date of the change, and the previous properties will be excluded from the scope. For example, the partnership rights of a couple who switch to a property separation regime on properties acquired in the past will not be affected. Therefore, reaching an agreement before marriage is more effective in terms of both simplifying the legal processes and preventing possible disputes in the future.

Explanations on Frequently Asked Questions

What happens if one of the parties does not want to make a property regime agreement? In this case, the legal property regime, the system of participation in acquired property, is valid. It is not possible to sign a contract by force. If one party does not want it, the property regime cannot be changed.

If one party is in debt, does this affect the other? A property regime agreement ensures that personal debts are not reflected on the other spouse. Especially when a property separation regime is preferred, neither spouse is held responsible for the debts of the other.

Does the contract only cover the marriage process? No, the contract may also include provisions on how property will be divided in the event of divorce or death of the spouse. In this way, the rights of the heirs are also determined.

Is a house purchased before marriage included in the agreement? If the house was purchased with the savings of one of the parties before marriage, it is considered personal property. However, if it is defined as acquired property in the agreement, it will be shared in the event of divorce.

If one spouse owns a business, can it be protected by the property regime? Yes, the spouse who owns the business can define their business as personal property. In this way, the other spouse can be prevented from claiming rights over the business in the event of a divorce.

The Importance of Getting Professional Support

It is very important for couples who want to make a premarital property regime agreement in Antalya to get support from a lawyer, both for the process to proceed quickly and correctly and to prevent loss of rights. Lawyer Mediator Billur Güler Aslım prepares contracts customized to the needs of the parties and also manages the transactions at the notary, preventing legal disputes that couples may experience in the future. Therefore, evaluating the property regime issue openly and transparently before each marriage is an important step that will protect the marital relationship.