CONTRACT EXAMPLES
A- PROPERTY REGIME AGREEMENTS
The following examples of contracts regarding property regimes have been prepared by the Union of Notaries of Turkey. The samples were sent to all notaries with a circular dated 18.01.2002.
As the registration and announcement of these contracts have been cancelled, these transactions will not be carried out.
The photographs of the persons concerned must be attached to the transactions. (NK-Regulation Article 93)
1 – REGIME OF PARTICIPATION IN ACQUIRED PROPERTY
SAMPLE CONTRACT
(………..)
Spouses take the floor together;
We got married on …../…./……. We accept the regime of participation in acquired property between us, effective from the date of marriage.
From the beginning of this property regime until this date and during the continuation of this regime after this date; the performances that constitute the reward for the work of each of us, the payments made from social security and social assistance institutions, the payments that have been paid or will be made due to the loss of our working capacity, the income of our personal property and the income that has replaced or will replace our property listed in this item will constitute the acquired property of each of us separately and separately.
Separately and exclusively for personal use, and the property values that we have acquired before or after marriage by inheritance or by any form of gratuitous acquisition or by any form of gratuitous acquisition, the judged or to be judged moral compensation receivables and the values that replace the values listed in this item shall constitute the personal property of each of us.
Each of us shall have the right to manage, benefit from and dispose of his/her acquired property and personal property within the legal limits. However, we will be able to dispose of our own share in the property subject to shared ownership only with the consent of each other.
Each of us will be liable for his/her debts with the acquired and personal assets belonging to him/her.
In case of termination of the property regime, each of us will take back the property in the possession of the other.
We will pay our mutual debts from each other by exchange.
In the event of the termination of the property regime, the personal and acquired properties of each of us will be separated according to their status at the time of termination.
During the liquidation, the spouse who proves that he/she has a superior benefit and pays the other spouse’s share may request that the property subject to shared ownership be given to him/her without division.
If the lump sum payments made to one of us from social security or social welfare institutions or the compensations paid due to the loss of labour force had been paid to one of us for life instead of lump sum payments or compensations, in the event of the termination of the property regime, in the event of the termination of the property regime, whatever the capitalised value of the will for the following period would have been at the date of the termination, it shall be taken into account as personal property in the liquidation in the same amount.
The gratuitous gifts made by one of us within one year before the termination of the property regime, other than ordinary gifts, without the consent of the other, or the transfers made by one of us with the intention to reduce the participation claim of the other during the continuation of the property regime shall be added to his/her acquired property as value.
If the debts related to the personal property of each of us are paid to him/her from the acquired property or the debts related to the acquired property are paid from the personal property, equalisation shall be made during the liquidation.
The debt belonging to one of us shall put the property segment belonging to him/her under obligation, but the debt that cannot be understood to which property segment belongs shall be deemed to be related to the acquired property of that spouse.
In the event that a contribution is made from the property belonging to one of us to the acquisition, improvement or protection of the property belonging to the other, if there is an increase or decrease in the value of that part, equalisation shall be made in accordance with the rate of contribution and the value of the property at the time of liquidation or in accordance with equity if the property has been disposed of earlier.
The residual value shall be the total value of the acquired property of each of us, including the amounts obtained from additions and equalisation, less any debts relating to such property.
In the liquidation, the release values of the goods shall be taken as basis, the acquired goods existing at the time of the termination of the property regime shall be taken into account with their values at the time of liquidation, and the values of those to be added to the acquired goods in the calculation shall be calculated on the basis of the date of transfer of the property.
Each of us will be entitled to half of the residual value belonging to the other, and receivables will be exchanged.
The participation claim and the share of the increase in value may be paid in cash or in kind. The release value of the goods shall be taken as basis for the same payment.
Starting from the date of the end of the liquidation, interest at the rate of … per cent shall be applied to the participation receivable and the share of increase in value.
In the event of the death of one of us, the survivor may claim usufruct or residence right on the dwelling belonging to the deceased and in which they lived together, by offsetting the participation receivable, or if it is insufficient, by adding the price; under the same conditions, the survivor may claim ownership right on household goods.
Signed Signature
NOTE:
Article 3 of the contract: A provision stating that one spouse may dispose of his/her share in the property subject to shared ownership without the consent of the other spouse may be included in the contract.
Article 6: Spouses may make mutual arrangements regarding their debts.
Article 16 of the contract:
a- The spouses may waive their share of the increase in value and may change the share ratio.
b- Spouses may accept another basis for participation in the residual value.
Article 18: The spouses may agree that no interest may be charged on the participation receivable and the share of increase in value, and no security may be requested from the debtor.
Article 19: The spouses may make a different arrangement regarding the family dwelling and household goods than those specified in Article 240/1 of the Civil Code.
The spouses may agree that the income of their personal property shall not be included in the acquired property.
Since the provisions regarding the registration and announcement of the contract have been abolished, these procedures will not be performed.
This contract sample is related to the spouses who apply in accordance with Article 10, paragraph 3 of the Law on the Enforcement and Implementation of the Turkish Civil Code and who want to take the beginning of the contract back to the date of marriage.
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