MARRIAGE CONTRACT
…………………………… and ……………………….. were married on December/…./…. Pursuant to the marriage contract dated December, the parties declare that they accept the regime of separation of property between them, effective from the date of marriage, within the legal limits specified below, based on the explicit authority granted by the Law on the Validity and Application of the Turkish Civil Code.
c shall have the right to manage or protect the other spouse’s movable and immovable property or personal assets.
Items for our personal use and any moral and material compensation received from third parties shall constitute our personal property under the law, and the other spouse shall have no rights or protection over these claims.
Pardons, rights and shares inherited from third parties, alimony, and gratuitous gains obtained from third parties shall be included in the personal property section, and according to the principle of separation of property, the other person shall not have the right to use, manage, or protect them.
The party claiming ownership of a specific asset is responsible for proving their claim. Otherwise, assets whose ownership cannot be proven will be considered part of our joint property.
Each spouse shall be fully liable for debts incurred from their own property and shall not be liable for the debts of the other spouse. Each of us shall be fully liable for debts incurred on the basis of our authority to represent and manage the marital union, debts incurred in the practice of a profession or art, debts requiring personal liability, and debts incurred as a result of agreements with third parties.
If either of us practices a profession or art, the right to perform all legal acts related to this profession or art, to use the income, and to make savings shall belong to that person, and the other shall have no say in this profession or art practice and income.
Social security or private insurance companies or institutions’ social assistance payments, lump-sum payments, compensation, and consequently receivables or compensation payments related to commercial power loss, compensation paid by the social security institution or private insurance company instead of a lump-sum payment, shall be considered lifetime income linked to personal property, and the other spouse shall not be entitled to manage these savings.
Similarly, bonds, bills, government bonds, repos, stock exchange, interest, rental income, bank interest, and enforcement receivables and collections are also covered in the broadest sense, and the limiting factor here is that they will be considered personal property obtained due to the separation of income or property and will be accepted within the concept of the other spouse’s rights and receivables, along with the authority to manage and use the savings.
If the property sharing regime ends, each of us will take back our own property in the other’s possession. In addition, among other measures, the person who proves to have a superior interest may request that the property in our joint ownership be transferred to them in exchange for a price equal to the other’s share on the payment date.
If the marriage ends by annulment or divorce, the residence and use of household goods that are for the exclusive use of the family and subject to equal sharing between the spouses shall continue.
In the event of the death of one of the parties, each spouse’s property shall be transferred to their heirs in accordance with the property regime. The parties may agree to modify the legal distribution.