The End of the Goods Regime
In order for a lawsuit to be filed for the liquidation of the property regime, the existing property regime between the parties must come to an end. Dec. The termination of the property regime is not the same thing as the termination of the marriage union. Sometimes
the current property regime between spouses expires before the marital union Decrees.
Although the marriage union continues, the current property regime it may end.
In what circumstances does the current property regime Decouple between spouses?
TMK’s 225. it is shown in the article.
According to this, the situations that end the property regime are;
a) In case of the death of one of the spouses:. On the date of death, both the marriage union and the property regime expire as of the date of death.
b) If the spouses choose one of the other regimes provided for in the law,
the agreement between the current goods regime and the goods regime between them. Decrees Dec, however: on the date of the election of this new regime, the old goods regime between them also expires. For example; the spouses got married on Dec. 01.01.2004 and let’s assume that they have no property regime contracts between them. According to the law, they will be subject to the regime of participation in compulsory acquired property from the date of their marriage. if the spouses specified in the law on 01.01.2012 choose one of the other property regimes, for example, the property separation regime; The date of marriage is 01, although the marriage union continues. Is. 01. Is. The regime of participation in acquired goods is 01. Is.
c) In case of divorce and annulment of the marriage:
The property regime existing between the spouses on the date of opening of the annulment case also Decrees. On the other hand, the marriage union ends on the date when the decision on the divorce or annulment of the marriage becomes final, it does not end on the date when the divorce or annulment cases are opened.
d) The judge’s decision to proceed to “separation of property” in the following cases: if the spouses want together, the existing property regime can be applied between them. Dec. They can change or remove them by adhering to the legal limits. For example, although they have previously chosen the property separation regime, they can later choose a property partnership or one of the other regimes specified in the Law. However, in some exceptional cases in the law (TMK m. 206 et seq.) 388 the current property regime of one of the spouses may be converted to the “property separation regime” by the decision of the family court judge. In this case, the marriage union. The existing property regime between the parties (Dec. the regime of participation in acquired goods, the regime of partnership of goods or jointly acquired goods
even if the regime) continues, on the date of opening of the transition case to the extraordinary property regime
it will end.