03 Jun CASE OF LIQUIDATION OF THE PROPERTY REGIME IN CASE OF DEATH
The deceased spouse has a real estate worth TL 400,000 that he has purchased with his acquired property within the marriage union. The surviving spouse and the deceased spouse have 1 joint child. First of all, the surviving spouse will receive 1/2 of the acquired goods arising from the goods regime within the scope of the participation regime due to the termination of the marriage union by death. In other words, the surviving spouse has a 200,000 TL receivable arising primarily from family law.
In addition, due to the fact that the surviving spouse has the title of heir with 1 child, he also has the right to a 1/4 share of inheritance in terms of inheritance law. (In this case, the child’s share of the inheritance is 3/4.) In this case, we can say that the share of the deceased spouse’s estate is actually 200,000 TL because the spouse who has already survived has received the receivables arising from the property regime. What’s left is £200,000 for the deceased spouse. In this case, the surviving spouse will be entitled to 1/4 of this 200,000 TL, that is, 50,000 TL, because he is the heir of the deceased spouse. As a result, the surviving spouse will have a receivable of 200,000 + 50,000 TL.
Since it is possible to file a claim that the heirs will also receive participation, this example can also be reversed; if the real estate in question was acquired and registered during the participation regime in the goods acquired on behalf of the surviving spouse, this time in our example, the joint child may ask the surviving spouse to participate as the legal heir of the deceased spouse (as a requirement for full succession).
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