Example Of Liquidation Of Property Regime In Case Of Death
The deceased spouse has an immovable property worth 400.000 TL, which was purchased with the acquired property within the marriage union. The surviving spouse and the deceased spouse have 1 joint child. Firstly, the surviving spouse has a receivable within the scope of the regime of participation in 1/2 acquired property arising from the property regime due to the termination of the marriage union with death. In other words, the surviving spouse has a receivable of 200.000 TL arising primarily from family law.
In addition, since the surviving spouse has the title of heir together with 1 child, he/she has the right to 1/4 inheritance share in terms of inheritance law. (İn this case, the child’s inheritance share is 3/4.) In this case, we can say that the part of the estate of the deceased spouse to be shared is actually 200.000 TL because the surviving spouse has already received the receivable arising from the property regime. The deceased spouse is left with 200.000 TL. In this case, the surviving spouse will be entitled to 1/4 of this 200,000 TL, i.e. 50,000 TL, because he/she is the heir of the deceased spouse. As a result, the surviving spouse will have a receivable of 200.000 + 50.000 TL.
This example can also be reversed since the heirs also have the possibility of filing a lawsuit for the participation receivable; If the immovable property in question was acquired and registered in the name of the surviving spouse during the period of the regime of participation in the acquired property, this time in our example, the joint child can request the participation receivable from the surviving spouse as the legal heir of the deceased spouse (as a result of universal succession).
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