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Translated from Turkish by Tim Drayton

ARTICLES 202-281 OF THE TURKISH CIVIL CODE

★ Dates on this page are sequenced: day-month-year ★

THIS IS THE TRANSLATION OF THE FOLLOWING SECTION OF LAW NO 4721 (TURKISH CIVIL CODE) AS IT WAS ENACTED ON 22.11.2001 AND THIS SECTION HAD NOT BEEN AMENDED AS OF 14.9.2022 BUT THE TRANSLATION DOES NOT INCORPORATE ANY SUBSEQUENT AMENDMENTS THAT MAY HAVE BEEN MADE.

THE TURKISH CIVIL CODE IS CLOSELY MODELLED ON THE SWISS CIVIL CODE AND THE FOLLOWING SECTION CORRESPONDS TO ARTICLES 181-251 IN THE SWISS CODE, ALTHOUGH THE SHARED SEPARATION OF PROPERTY REGIME IS UNIQUE TO TURKISH LAW.


PART TWO
FAMILY LAW
DIVISION ONE
MARITAL LAW
TITLE FOUR
MARITAL PROPERTY REGIME
CHAPTER ONE
GENERAL PROVISIONS

   A. Statutory property regime
   Article 202 - The participation in acquired property regime applies by default among spouses.
   The spouses may adopt one of the other regimes specified in the law by property regime agreement.
   B. Property regime agreement
   I. Content of the agreement

   Article 203 - The property regime agreement may be concluded before or after the marriage.
   The parties may choose, set aside or modify the property regime they wish for only within the bounds of the law.
   II. Contractual Capacity
   Article 204 - The property regime agreement may only be entered into between persons capable of discernment.
   Minors and interdicted persons must obtain the consent of their legal representatives.
   III. Form of the agreement
    Article 205 - The property regime agreement is made in notarially drafted or certified form. However, the parties may also give written notification of which property regime they have chosen while applying to marry.
    The property regime agreement must be signed by the parties and, if need be, their legal representatives.
   C. Extraordinary property regime
   I. At the request of one of the parties
   1. Order

    Article 206 - If there is good cause, a judge may order the conversion of the existing property regime into separation of property on application by one of the spouses.
    In particular, there is deemed to be good cause in the following cases:
   1. The other spouse’s insolvency or the attachment of his/her share of the common property,
   2. The endangering by the other spouse of the interests of the applicant or of the common property,
   3. The withholding without good cause by the other spouse of the necessary consent for the conducting of a transaction to dispose of common property,
   4. The withholding from the applicant spouse by the other spouse of information about the latter’s property, income and debts or the common property, or
   5. The other spouse’s permanent lack of the capacity of discernment.
   If one of the spouses is permanently incapable of discernment, his/her legal representative may likewise apply for a separation of property order on these grounds.
   2. Jurisdiction
    Article 207 - The competent court is the court of either of the spouses’ domicile.
   3. Revocation of the conversion to separation of property
    Article 208 - The spouses may at any time adopt the previous or another property regime by a new marital property agreement.
   If the reason necessitating conversion to separation of property ceases to exist, a judge may order restitution of the former property regime on application by one of the spouses.
   II. Under compulsory enforcement
   1. Under bankruptcy

    Article 209 - If one of the spouses who have adopted community of property is declared bankrupt, the community automatically converts to separation of property.
   2. Under attachment
    Article 210 - If an obligee who brings enforcement proceedings against one of the spouses who have adopted community of property suffers loss during the making of attachment, he/she may apply to a judge for the ordering of separation of property.
   The obligee’s application is directed against both spouses.
   The competent court is the court of the obligee’s domicile.
   3. Restitution of the former regime
    Article 211 - If the obligee has been satisfied, a judge may order restitution of community of property on application by one of the spouses.
   The spouses may adopt the participation in acquired property regime by property regime agreement.
   III. Liquidation of the former regime
    Article 212 - On transition to separation of property, the liquidation of the previous property regime between the spouses is done in accordance with the provisions on this regime unless statute provides otherwise.
   D. Protection of obligees
    Article 213 - The setting up or variation of a property regime or the liquidation of a previous regime may not disencumber assets that could satisfy the obligees of one of the spouses or the common property.
   A spouse to whom such assets have been transferred is personally liable for obligations; however, he or she may be released from such liability to the extent that he/she proves that the assets in question are inadequate to satisfy the obligation.
   E. Jurisdiction in liquidation of property regime proceedings
    Article 214 - The following courts have competence over liquidation of property regime proceedings between the spouses or inheritors:
   1. If the property regime ends on death, the court of the decedent’s final domicile,
   2. If separation of property is ordered on divorce or annulment of marriage or by a judge, the court with jurisdiction over these proceedings, or
   3. Otherwise, the court of the defendant spouse’s domicile.
   F. Administration of one spouse’s assets by the other
    Article 215 - If one of the spouses expressly or tacitly leaves administration of the assets to the other spouse, the provisions on agency are applied unless agreed otherwise.
   G. Inventory
    Article 216 - Either spouse may at any time request of the other the making of an inventory of assets in the form of a public deed.
   If this inventory is made within one year of the inclusion of the assets, this inventory is deemed correct unless proven otherwise.
   H. Obligations between spouses
    Article 217 - The property regime does not prevent obligations between the spouses from falling due. Nevertheless, if the fulfilment of such obligation will place the obligor spouse in such serious difficulty as to endanger the marital union, this spouse may request a grace period. If warranted by the circumstances and conditions, the judge requires the claiming spouse to furnish security.

CHAPTER TWO
PARTICIPATION IN ACQUIRED PROPERTY
   A. Ownership
   I. Composition

   Article 218 - The participation in acquired property regime comprises acquired property and each spouse’s individual property.
   II. Acquired property
    Article 219 - Acquired property comprises the assets either spouse has acquired for valuable consideration during this property regime.
   The following in particular constitute a spouse’s acquired property:
   1. Remuneration for his or her work,
   2. Payments made by social security or social welfare institutions and establishments or staff welfare schemes and such like,
   3. Compensation for inability to work,
   4. Income from individual property, and
   5. Assets that replace acquired property.
   III. Individual property
   1. By operation of law

    Article 220 - Individual property by operation of law is that enumerated below:
   1. Each spouse’s effects solely for personal use,
   2. Assets owned by each spouse at the commencement of the property regime or acquired later by one spouse through inheritance or gratuitously in any way,
   3. Amounts due in non-pecuniary damages, and
   4. Assets that replace individual property.
   2. By agreement
    Article 221 - By marital property agreement, the spouses may agree that assets that should be included under acquired assets arising out of the pursuit of a profession or the operation of a business be deemed individual property.
   The spouses may also agree by marital property agreement that income from individual property will not be included under acquired assets.
   IV. Proof
    Article 222 - Whoever asserts that a particular item of property is owned by one of the spouses is burdened with proving his/her assertion.
   Property that neither spouse can be proved to own is deemed to be owned jointly.
   Unless proven otherwise, all a spouse’s property is deemed to be acquired property.
   B. Administration, enjoyment and disposal
    Article 223 - Both spouses have the right to administer, enjoy and dispose of their individual property and acquired property within the bounds of the law.
   Unless otherwise agreed, neither spouse may dispose of his/her share of jointly owned property without the other’s consent.
   C. Liability towards third parties
    Article 224 - Each spouse is liable for his/her own obligations with all his/her assets.
   D. Termination and liquidation of the property regime
   I. Time of termination

    Article 225 - The property regime terminates on the death of one of the spouses or on the adoption of another property regime.
   If dissolution of the marriage through annulment or divorce or separation of property is ordered by a court, the property regime terminates with effect from the date of the proceedings.
   II. Recovering property and obligations
   1. In general

    Article 226 - Each spouse recovers their property that is in the other spouse’s possession.
   During liquidation, if there is a jointly owned asset, one of the spouses may, apart from resorting to other available statutory measures, apply for that asset to be awarded to him/her by proving that it is of overriding benefit to him/her and by paying the other’s share.
   The spouses may make provision on mutual obligations.
   2. Participation in increased value
    Article 227 - If one of the spouses has contributed towards the acquisition, improvement or preservation of property owned by the other without receiving any or adequate compensation, he/she has a claim during liquidation to the extent of his/her contribution to the increase in value of that property and this claim is computed based on the value of such property at the time of liquidation; if there is a decrease in value, the basis is the original value of the contribution.
   If such property has previously been disposed of, the judge makes an equitable determination of the other spouse’s entitlement.
   The spouses may either waive receipt of participation in increased value or vary the proportion of the share by written agreement.
   III. Calculation of the spouses’ shares
   1. Separation of individual property and acquired property

    Article 228 - The spouses’ individual property and acquired property are separated as they stood at the time of termination of the property regime.
   Lump sum payments made or compensation for inability to work paid by social security or social welfare institutions to one of the spouses are supplemented to his/her individual property on liquidation in an amount equivalent to what the residual capital value of the annuity on the termination date of the property regime would be if an annuity had been granted in accordance with applied procedure by the social security or social welfare institution in question instead of the lump sum payment or compensation.
   2. Assets to be supplemented
    Article 229 - The following are supplemented as assets to acquired property:
   1. Gratuitous dispositions made by one of the spouses without the other spouse’s consent within the year prior to the termination of the property regime apart from habitual gifts, and
   2. Transfers made by one spouse during the property regime with intent to diminish the other spouse’s participation claim.
   The court order on such dispositions or transfers may also be invoked against third-party beneficiaries of such dispositions or transfers provided the latter are notified of the proceedings.
   3. Reimbursements between individual property and acquired property
    Article 230 - If payment has been made out of acquired property of debts in connection with one spouse’s individual property or out of individual property of debts in connection with acquired property, reimbursement may be claimed during liquidation.
   Each debt encumbers that component of the assets with which it is connected. Where it cannot be determined which component a debt relates to, it is deemed to be connected with acquired property.
   If a contribution has been made from one component of the assets towards the acquisition, improvement or preservation of property in another component, reimbursement in the case of increased or diminished value is made with regard to the proportionate contribution and the value of the asset at the time of liquidation, or, if the asset has previously been disposed of, equitably.
   4. Surplus
    Article 231 - The surplus is the remainder of the total value of property acquired by both spouses including amounts obtained from supplements and reimbursements following deduction of debts connected with this property.
   A deficit is disregarded.
   IV. Valuation
   1. Market value

    Article 232 - The market value of property is adopted in liquidating the property regime.
   2. Capitalized earnings value
   a. In general

    Article 233 - Participation in increased value and participation claims in respect of an agricultural enterprise that one spouse continues to operate in person as owner or of which the surviving spouse or one of the descendants makes a justified claim for undivided allocation are calculated at their capitalized earnings value.
   The owner of the agricultural enterprise or their inheritors may only apply for calculation of participation in increased value and participation claims they bring against the other spouse at the enterprise’s market value.
   The provisions of inheritance law on valuation and the payment to inheritors of shares of enterprise earnings are applied analogously.
   b. Special circumstances
    Article 234 - Where special circumstances so warrant, the calculated amount may be increased by an appropriate amount.
   In particular, the surviving spouse’s livelihood, the agricultural enterprise’s acquisition value and also the investments the spouse who is the owner of the agricultural enterprise has made or his/her financial circumstances are deemed to be special circumstances.
   b. Time of valuation
    Article 235 - The acquired property at hand at the time the property regime terminates is included in calculations at its value at the time of liquidation.
   Supplements to acquired property are valued with reference to the date the property was transferred.
   V. Participation in the surplus
   By law

    Article 236 - Each spouse and his/her inheritors are entitled to one half of the surplus accruing to the other spouse. Claims are mutually set off.
   With divorce on the grounds of adultery or homicidal intent, the judge may order an equitable reduction or elimination of the proportion of the culpable spouse’s share of the surplus.
   2. By agreement
    a. In general

    Article 237 - A variation in the rules for participation in the surplus may be agreed by property regime agreement.
   Such agreements may not infringe on the portions reserved for the spouses’ non-joint children and the latter’s descendants.
   b. On annulment, divorce or separation of property by court order
    Article 238 - With court orders for the marriage to be ended on the grounds of annulment of marriage or divorce or for transition to separation of property, agreements varying the statutory participation in the surplus are valid only if the property regime agreement expressly so provides.
   VI. Payment of the participation claim and participation in increased value
   By law

    Article 239 - The participation claim and participation in increased value may be paid in cash or kind. Payment in kind is based on market value; units devoted to the pursuit of a profession and enterprises are considered as an economic whole.
   If immediate payment of the participation claim and participation in increased value will cause him/her serious difficulties, the debtor spouse may apply for deferral of the payments by an appropriate amount of time.
   Unless otherwise agreed, interest is applied to the participation claim and participation in increased value from the completion of liquidation; should the circumstances and conditions so warrant, security may also be required from the debtor.
   2. Family home and household effects
    Article 240 - To enable him/her maintain his/her former lifestyle, the surviving spouse may apply for the granting of a usufructuary or habitation right over the home owned by the decedent spouse and where they had lived together, deductible from his/her participation claim or, if this does not suffice, through extra payment; varied provisions agreed by property regime agreement are reserved.
   The surviving spouse may apply to be granted property rights over the household effects on the same conditions.
   If there is good cause, the right of ownership may be granted instead of a usufructuary or habitation right on application by the surviving spouse or the decedent spouse’s legal inheritors.
   The surviving spouse may not exercise these rights over sections where the decedent pursued a profession or trade and which are needed for one of the latter’s descendants to pursue the same profession or trade. The provisions of inheritance law on agricultural immovable property are reserved
   3. Claims against third parties
    Article 241 - If the debtor spouse’s assets or estate fall short of the participation claim during liquidation, the creditor spouse or his/her inheritors may claim to the extent of the shortfall from third-party beneficiaries gratuitous dispositions that should be supplemented to acquired property.
   The right to bring claim extinguishes one year from the date on which the creditor spouse or his/her inheritors learn of the infringement of their rights and in any event five years from the termination of the property regime.
   Apart from the provisions and jurisdiction rules of the above paragraphs, the provisions on claims in abatement of legacies are applied analogously.

CHAPTER THREE
SEPARATION OF PROPERTY
   A. Administration, enjoyment and disposal
   Article 242 - Under the separation of property regime, both spouses retain their rights of administration, enjoyment and disposal over their own assets within the bounds of the law.
   B. Other provisions
   Article 243 - The provisions on shared separation of property are applied to proof, liability for obligations and allocation of joint property.

CHAPTER FOUR
SHARED SEPARATION OF PROPERTY
   A. Administration, enjoyment and disposal
   I. In general

   Article 244 - Both spouses retain their rights of administration, enjoyment and disposal over their own assets within the bounds of the law.
   II. Proof
    Article 245 - Whoever asserts that a particular item of property is owned by one of the spouses is burdened with proving his/her assertion.
   Property that neither spouse can be proven to own is deemed to be owned jointly.
   B. Liability for obligations
    Article 246 - Both spouses are liable for their own obligations with all their assets.
   C. Termination and liquidation of the property regime
   I. Time of termination

    Article 247 - The property regime terminates on the death of one of the spouses or on the adoption of another property regime.
   Additionally, if annulment of marriage or its dissolution or through divorce or separation of property is ordered by a court, the property regime terminates with effect from the date of the proceedings.
   II. Recovering property and relinquishing joint property
   1. In general

    Article 248 - Each spouse recovers his/her property that is in the other spouse’s possession.
   When the shared separation of property regime terminates, a spouse who proves it to be of overriding benefit to him/her may in addition to other measures apply for a jointly owned asset to be awarded to him/her by compensating his/her other spouse with the payment-date equivalent of the latter’s share.
   2. Contribution-related claim
   1. In general

    Article 249 - If one of the spouses has contributed towards the acquisition, improvement or preservation of non-shared property owned by the other without receiving any or adequate compensation, he/she may claim payment of an equitable amount proportional to his/her contribution on termination of the property regime.
   The same claim also applies to assets that replace the non-shared property.
   III. Property allocated to the family
   I. The rule

   Article 250 - Property that has been acquired by one of the spouses following the setting up of the shared separation of property regime and is allocated for the family’s joint use and benefit along with investments for the purpose of securing the family’s economic future and assets replacing these are divided equally among the spouses on termination of the property regime. On dividing, enterprises are considered as an economic whole.
   This provision does not apply to amounts due in non-pecuniary damages and inherited property and, unless otherwise apparent from the express intent of the maker of the gratuitous disposition, property acquired through dispositions between the living or on death.
   2. Circumvention of distribution
   1. In general

    Article 251 - If one of the spouses has gratuitously disposed of an asset prior to division with intent to diminish the other spouse’s share, the judge makes an equitable determination of the amount the other spouse is to receive by way of reimbursement.
   Gratuitous dispositions made without the other spouse’s consent within the year prior to the termination of the property regime apart from habitual gifts are presumed to have been made with intent to diminish this spouse’s share.
    The court order on disputes over such dispositions may also be invoked against third-party beneficiaries of the dispositions provided the latter are notified of the proceedings.
   2. Dismissal of the claim for distribution
   1. In general

    Article 252 - With divorce on the grounds of adultery or homicidal intent, the judge may order an equitable reduction or elimination of the proportion of the culpable spouse’s share.
   3. Distribution method
    Article 253 - By default, distribution is made in kind. If this is impossible, the participations are equalized through pecuniary reimbursement. The amount payable by one of the spouses to the other is calculated at the market value of the property at the time of liquidation. Obligations incurred during the acquisition of the property subject to division are deducted in so calculating.
    If immediate payment of the pecuniary reimbursement will cause him/her serious difficulties, the debtor spouse may apply for deferral of the payments by an appropriate amount of time.
   Unless otherwise agreed, interest is applied to the pecuniary reimbursement from the completion of liquidation; should the circumstances and conditions so warrant, security may also be required from the debtor.
   IV. Family home and household effects
   1. On annulment or divorce

    Article 254 - The spouses may agree on who will remain in the home that is allocated for the family’s joint use and is subject to equal sharing by the spouses and use the household effects on dissolution of the marriage by annulment or divorce order. The spouse who acquires the right to remain in the home may apply for notation of this right in the land register.
   If the spouses are unable to agree on who will remain in the family home and who will continue to use the household effects, if equity so dictates, the judge orders of his/her own motion along with the annulment or divorce order which of them is to hold this right, giving consideration to the spouses’ economic and social circumstances and the interests of their children, if any; he/she notifies the land registry office in such order stating the duration of habitation and use for notation in the land register.
   Unless the judge orders otherwise, the right extinguishes automatically on expiry of the stipulated period. However, prior to the expiry of this period, the other party may apply to the judge for revision of the order if the beneficiary’s circumstances have changed.
   If the spouses live in the home under a lease, the judge may if necessary order that the non-lessee spouse remain in the home. Under such circumstances, the judge orders of his/her own motion along with the annulment or divorce order the making of the necessary arrangement to secure the lessor’s rights under the lease.
   2. On death
    Article 255 - On the death of one of the spouses, if household effects or the home where the spouses lived together form part of the shared property, the surviving spouse may apply to be awarded the right of ownership, deductible from his/her inheritance and share-related entitlement along with a top-up payment if there is a shortfall.
   If there is good cause, a usufructuary or habitation right may be ordered instead of ownership on application by the surviving spouse or one of the decedent spouse’s other legal inheritors.
   The surviving spouse may not exercise these rights over sections where the decedent pursued a profession or trade and which are needed for one of the latter’s descendants to pursue the same profession or trade. The provisions of inheritance law on agricultural immovable property are reserved

CHAPTER FIVE
COMMUNITY OF PROPERTY
   A. Ownership
   I. Composition

   Article 256 - The community of property regime comprises the community property and the spouses’ individual property.
   II. Community property
   1. Universal community of property

    Article 257 - Under the universal community of property, the spouses’ property and income apart from that deemed by law to be individual property constitute the community property.
   The spouses own the community property as an undivided whole.
   Neither spouse has the sole right of disposal over their share in the community.
   2. Limited community of property
   a. Community with acquired property

    Article 258 - By property regime agreement, the spouses may adopt a community consisting solely of acquired property.
   Income from individual property is also included in this community.
   b. Other communities of property
    Article 259 - By property regime agreement, the spouses may exclude from the community certain assets or asset types, in particular immovable property, one of the spouse’s income or the effects they use in pursuit of a profession or trade.
   Unless provided otherwise in the agreement, income from such property is not included in the community.
   III. Individual property
    Article 260 - Individual property is created by the property regime agreement, from third parties’ gratuitous dispositions or by law.
   Items that either spouse allocates for exclusive personal use and amounts due in non-pecuniary damages constitute individual property by law.
   A spouse’s entitlement as reserved portion of the estate may not be bequeathed to him/her as individual property to the extent that this forms part of the community by property regime contract.
   IV. Proof
    Article 261 - All assets are deemed to be community property unless proven to be a spouse’s individual property.
   B. Management and disposal
   I. With community property
   1. Everyday administration

    Article 262 - The spouses administer the community property for the benefit of the marital union.
   Within the bounds of everyday administration, each spouse may place the community under obligation and dispose of joint property.
   2. Extraordinary administration
    Article 263 - In affairs that transcend everyday administration, the spouses may only place the community under obligation or dispose of property jointly or with one obtaining the other’s consent.
   Such consent is presumed to exist in the case of third parties who do not know or are not in a position to know that consent is lacking.
   The provisions on representation of the marital union are reserved.
   3. The pursuit of a profession or trade with community property
    Article 264 - If one of the spouses pursues a profession or trade on his/her own using the community property with the consent of the other, he/she may conduct all legal transactions relating to this profession or trade.
   4. Acceptance and renunciation of inheritances
    Article 265 - Neither spouse may either renounce an inheritance that will pass to the community property or accept an inheritance if the estate is insolvent without the other’s consent.
   If there is no possibility of obtaining the other spouse’s consent or on his/her rejection without good cause of the request to such effect, the requesting spouse may apply to the court of his/her domicile.
   5. Liability and administration costs
    Article 266 - On termination of the community of property, each spouse is liable as if an agent for transactions over community property.
   Administration costs are met out of community property.
   II. Individual property
    Article 267 - Each spouse has the right to manage and dispose of their own individual property within the bounds of the law.
   If income accrues to individual property, administration costs are met out of such income.
   C. Liability towards third parties
   I. Community obligations

    Article 268 - Each spouse is liable for the following obligations with his/her individual property and the community property:
   1. Obligations incurred on the basis of authority to represent the marital union or administer the community property,
   2. Obligations incurred in the pursuit while using the community property or income that accrues to the community property of a profession or trade,
   3. Obligations that also impose personal liability on the other spouse, and
   4. Obligations the spouses have incurred through agreement with third parties that they will be liable with the community property as well as their individual property.
   II. Individual obligations
    Article 269 - Both spouses are held liable for all other obligations with their own individual property and to the extent of half the value of community property.
   Claims arising from the enrichment of the community are reserved.
   D. Obligations between spouses
    Article 270 - The property regime does not prevent obligations between the spouses from falling due. Nevertheless, if the fulfilment of such obligation will place the obligor spouse in such serious difficulty as to endanger the marital union, this spouse may request a grace period. If warranted by the circumstances and conditions, the judge requires the claiming spouse to furnish security.
   E. Termination and liquidation of the property regime
   I. Time of termination

    Article 271 - The property regime terminates on the death of one of the spouses, on the adoption of another property regime or on one of the spouses being declared bankrupt.
   If annulment of marriage or its dissolution or through divorce or separation of property is ordered by a court, the property regime terminates with effect from the date of the proceedings.
   The termination date of the community of property is adopted as reference point for determining the composition of the community property and individual property.
   II. Supplement to individual property
    Article 272 - Lump sum payments made or compensation for inability to work paid by social security or social welfare institutions to one of the spouses are supplemented to his/her individual property on liquidation in an amount equivalent to what the residual capital value of the annuity on the termination date of the property regime would be if an annuity had been granted in accordance with applied procedure by the social security or social welfare institution in question instead of the lump sum payment or compensation.
   III. Reimbursements between individual property and community property
    Article 273 - If payment has been made out of community property of debts in connection with one spouse’s individual property or out of individual property of debts in connection with community property, reimbursement may be claimed during liquidation.
   Each debt encumbers that component of the assets with which it is connected. Where it cannot be determined which component a debt relates to, it is deemed to be connected with community property.
   IV. Participation in increased value
    Article 274 - If a contribution has been made towards the acquisition, improvement or preservation of an asset forming part of a different component of the assets with a spouse’s individual property or the community property, the provisions on participation in increased value in the participation in acquired property regime are applied.
   V. Valuation
    Article 275 - On termination of the property regime, the time of liquidation is adopted as reference point for the valuation of the community property at hand.
   VI. Division
   1. On death or adoption of another property regime

    Article 276 - On termination of the community of property due to the death of one of the spouses or the adoption of another property regime, each spouse or their inheritors are awarded half of the community property.
   The proportionate share may be varied by property regime agreement.
   Such agreement may not infringe on descendants’ reserved portions.
   2. Under other circumstances
    Article 277 - On transition to separation of property due to divorce or annulment of marriage or by law or court order, each spouse recovers such community property as would be deemed his/hers under the participation in acquired property regime.
   The remaining community property is divided in half among the spouses.
   Agreements to vary the statutory division are only valid if the property regime agreement expressly so provides.
   VII. Division procedure
   1. Individual property

    Article 278 - On termination of the community of property due to the death of one of the spouses, the surviving spouse may apply to be awarded what could be deemed his/her individual property under the participation in acquired property regime, deductible from his/her entitlements.
   2. Family home and household effects
    Article 279 - If the home where the spouses lived together or household effects are part of the community property, the surviving spouse may apply to be awarded ownership of these, deductible from his/her entitlements.
   If there is good cause, a usufructuary or habitation right may be granted over these instead of ownership on application by the surviving spouse or the decedent’s other legal inheritors.
   On termination of the community of property for any reason apart from death, each spouse may make the same claim by proving the existence of overriding benefit.
   3. Other assets
    Article 280 - A spouse may apply to be awarded other assets, deductible from his/her entitlements, by proving the existence of overriding benefit.
   4. Other division rules
    Article 281 - Under other circumstances, the provisions on joint ownership and division of the estate are applied analogously.

Archive of Turkish legal translations by Tim Drayton