FAMILY LAW

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MATRIMONIAL PROPERTY

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• Introduction

• General provisions

• Types of the legal matrionial properties

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• The possible matrimonial property regimes are fixed in code.

• Spouses can choose one of them freely.

• If they do not choose one, the legal matrimonial property regime will be applied.

• The matrimonial property regimes are the regimes showin how will the properties of the spouses will be handled.

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• The pact of the matrimonial property can be made under some conditions.

• The contract sohuld be made in notary.

• They can also make this contract at the moment of the marriage.

• They can make this agreement during or before the marriage.

• They can choose only matrimonial regimes stated in TCC. In other words, they cannot create another completely new regime.

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• The legal matrimonial property regime is the regime of participation in acquired property.

• This regime comprises of the acquired and personal properties of the spouses.

• Every spouses has some acquired property and personal property.

• The code states some goods as the legally acquired properties in art 219 para 1 of the TCC.

• The code also states some goods as the legally personal goods.

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• When this regime ends, the spouses will take thier own personal goods.

• But they will have a joint relationship on acquired goods.

• These goods will be shared between spouses.

• After the calculation, spouses will ask some amount to be payedi n order to establih the equality.

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• The other possible matrimonial property regimes are:

• Seperation of goods

• Shared seperation of goods

• Joint undertaking of goods