Termination of the Matrimonial Property Regime

Which Events End a Matrimonial Property Regime?

For a regime governed by Turkish law, death and adoption of another matrimonial property regime are among the grounds for termination. If a court grants divorce, annulment or transition to separation of property, termination with effect from the filing date is assessed under Article 225 TMK. Where divorce proceedings are dismissed or their outcome is not yet final, the effect on the liquidation claim is considered separately.

How Are the Filing Date and Finality Distinguished?

In liquidation conditional on divorce, the time the regime ends and the requirements for claiming and litigating the entitlement are different questions. In practice, matrimonial property proceedings brought while divorce is pending may await its outcome. Merely saying 'the judgment was given today' does not establish that all assets are assessed as they stand that day or that all time limits begin on the same day.

Are the Asset's Condition and Value Linked to the Same Date?

Separation into personal and acquired property, which assets count as existing, the nature of debts and valuation of each asset are examined separately. Statutory addition and calculation rules may apply to an asset transferred earlier or an amount already spent. A collective calculation does not automatically include every payment or gain after the filing date.

Which Dates Should Be Documented?

The first schedule should contain the marriage date, any matrimonial property agreements, filing and finality dates, and records of death or a change of regime. Acquisition, loan repayment and transfer dates for real property, vehicles, accounts and company shares are linked to this schedule. If there is a foreign divorce or choice of law, connecting rules and the foreign judgment's effects are checked before directly applying the Turkish rule.