TMK m. 225/f. as mentioned in 1, the regime of participation in acquired property, which is the legal property regime between the Decedent and the spouses, ends spontaneously. In the event of the death of one of the spouses, two separate purges are subject to be carried out. These are the liquidation of the regime of participation in the acquired property upon the death of one of the spouses and the liquidation of his Decency between the legal or appointed heirs of the deceased spouse.

In the event of the death of one of the spouses, the regime of participation in the acquired property between the spouses is first Decriminalized. As a result, the amounts of participation receivables that the spouses have against each other are determined. Because in cases where the surviving spouse has the right to participate against the deceased spouse, this participation is considered a debt of the deceased spouse’s Decency, and the deceased spouse’s inheritance is deducted from the estate before the division of the inheritance between the heirs.

After the liquidation of the regime of participation in the acquired property between the spouses, the Decommissioning of the deceased spouse is liquidated. It should be noted here that the surviving spouse is also the legal heir of the deceased spouse.

Therefore, after the liquidation of the regime of participation in the acquired property, the surviving spouse also takes part in the second liquidation. Thus, the definition of spouses to attend the receivables after the deceased spouse’s remaining assets between the heirs of the deceased spouse to the surviving spouse shared.

The Supreme Court considers the liquidation of the regime of participation in acquired property as a prerequisite for the sharing of land. Indeed, according to the Supreme Court, “the liquidation of the regime of participation in acquired property, which ends with death, arises as a prerequisite for the sharing of the estate of the deceased spouse. Participation is one of the debts that must be paid first and in advance of the Decency that it will receive”. Because only after that the cress of the deceased spouse can be calculated.

For this reason, the Supreme Court of Cassation does not consider it possible to carry out the liquidation of the participation receivable and the liquidation of the term together. On the other hand, a lawsuit has been filed by the surviving spouse against the participation receivable arising from the property regime, while the liquidation of the estate may also have been requested. In this case, the case that he will receive participation is considered a waiting issue (HMK. m. 165). Thus, the judge may postpone the case for the liquidation of the settlement until the case for the right to participate is concluded.

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