Marriage Contract
MARRIAGE CONTRACT
Between …………………………… and ……………………….., pursuant to the marriage contract dated …./…./…./, the parties hereby declare that they have agreed to adopt the regime of separate property between them, effective as of the date of marriage, in accordance with the express authority granted by the Law on the Enforcement and Application of the Turkish Civil Code, within the legal limits set forth below.
Each of us shall have the right to manage, use, and dispose of our personal property within the legal limits. Neither party shall have the right to manage or dispose of the other party’s movable and immovable property or any other personal assets.
The items in our personal use and any moral and material compensation claims from third parties shall legally constitute our personal property, and the other spouse shall have no right of voice or disposal over these claims.
Gifts, inheritance rights and shares from third parties, descendants, and gratuitous transfers from third parties shall be included in the personal property section, and in accordance with the principle of separation of property, the other spouse shall have no right to benefit from, manage, or dispose of them.
The party claiming ownership of a specific asset shall be responsible for proving their claim. Otherwise, assets whose ownership cannot be proven shall be considered part of our joint property.
Each spouse shall be fully liable for their own debts and shall not incur debts on behalf of the other. Each of us shall be fully liable for debts incurred in the exercise of our authority to represent and manage the marital union, debts incurred in the practice of a profession or art, debts that give rise to personal liability for one of us, and debts incurred through agreements with third parties.
If either of us practices a profession or art, the right to perform all legal transactions related to that profession or art, to use the income, and to dispose of it shall belong to that person, and the other spouse shall have no relationship, say, or right of disposal with regard to the practice of that profession or art and the income derived therefrom.
Lump-sum payments, compensation, and claims made by social security or social assistance institutions or private insurance companies, as well as compensation paid for loss of labor, shall be considered personal property if the relevant social security institution or private insurance company grants a lifetime income in lieu of lump-sum payment or compensation, and the other spouse shall have no right to manage or dispose of such income.
Similarly, bonds, bills of exchange, official documents, repos, stock exchange transactions, interest, enforcement claims and collections, bank interest, and rental income, as well as all other income-generating assets not specifically listed here, shall be considered personal property under the principle of property separation, and the other spouse shall have no right to manage, use, or dispose of such rights and claims.
Upon the termination of the property regime, each of us shall recover the property belonging to us that is in the possession of the other. Additionally, the spouse who proves that it is in their best interest may request that the property in our joint ownership be transferred to them by paying the equivalent value of the other spouse’s share on the payment date, in addition to other measures.
In the event of the dissolution of the marriage by annulment or divorce, the parties shall continue to reside in the residence designated for the joint use of the family and to use the household goods, ……………………………………….
In the event of the death of one of us, under the regime of separate property, each spouse’s property will be transferred to their heirs. The parties may enter into an agreement to modify the legal division of property.