Property Division in Divorce in Turkey

In Turkey, property acquired during marriage is generally considered joint marital property, while individually owned property remains non-divisible. The Property division in divorce in Turkey, between spouses occurs through a ‘dissolution of property regime’ case, which takes place after a divorce under Turkish law. Property division in divorce in Turkey is a complex matter within the Turkish legal system and often requires expert divorce lawyers in Turkey.

Since 2002, Turkish law has mandated that the default matrimonial regime is participation in acquired property. This means both spouses have a right to share in each other’s acquired assets, in addition to any personal property each might own. Under this regime, both parties typically have equal rights over the marital estate.

For marriages before 2001, the ‘Property Separation Regime’ applies. Under this older regime, each spouse can only claim assets that are registered in their own name, and generally there is no right to claim a share in property registered solely under the other spouse’s name.

Also see: Fraudulent Transfers During Divorce Proceedings in Turkey

Which Assets Are Subject to Property Division in Divorce in Turkey?

Property division in divorce in Turkey concerns the distribution of assets acquired by the spouses during the marriage (‘acquired property’). Each asset purchased or earned by a spouse during the marriage, provided it was exchanged for value, is deemed marital property and is divided upon dissolution of the marriage.

According to Article 219 of the Turkish Civil Code (TMK):

“Acquired property consists of assets which each spouse acquires by giving value during the existence of the matrimonial property regime.”

The following are examples of assets subject to division according to TMK, Article 219:

• Items obtained in exchange for employment or work performed,
• Social security (SGK) and similar institutional payments,
• Compensation for loss of work capacity,
• Income derived from personal property,
• Assets acquired by exchanging previously acquired marital property,
• Dividends, returns, or reinvestments from company shares,
• Assets purchased with wages or remuneration,
• Savings accumulated out of salary,
• Automobiles or other vehicles acquired during the marriage,
• Real estate acquired during the marriage,
• Consultation fees, bonuses, tips, premiums,
• Income from creative works,
• Gains from acting as a contractor,
• Unemployment benefits,
• Social security payments,
• Severance compensation,
• Rental income from a personal property asset, provided this income has not been spent and can be proven as retained,
• Interest from a term deposit derived from personal assets,
• Funds earned via personal assets,
• Assets obtained by selling previously acquired marital property (substitute assets),
• Assets obtained under a life-care-agreement obligation,
• Awards, prizes,
• Retirement or severance pay,
• Private pension funds (if premiums were paid from marital assets),
• For installment purchases, the share corresponding to installments paid during the marriage may be claimed,
• Even if an asset bought in installments is not fully paid off until after divorce, the paying spouse retains a share of it proportionate to installments made during the marriage.

Which Assets Are Not Divided in Divorce Under Turkish Law?

Assets categorized as personal property are not subject to division upon divorce in Turkey. Such assets include:

• Personal items uniquely or solely used by one spouse,
• Property owned by either spouse before the marriage,
• Inheritance received by a spouse during marriage,
• Assets acquired during marriage without any financial consideration (i.e., gifts),
• Entitlements to compensation for non-material damages,
• Assets replacing personal property.

For example, if a spouse receives a gift from relatives during marriage, this is considered personal property and is not included in the property division in divorce in Turkey. Even if a home is formally sold but is essentially a donation from one’s own parents, it is deemed personal property and is not divided in divorce proceedings in Turkey.

The spouse who claims an asset is personal property must prove it. Proof is critical in Turkish divorce courts, and unless proven otherwise, all property is presumed to be acquired (marital) property and thus subject to property division in divorce in Turkey.

Property Division Litigation After Divorce in Turkey

Property division in divorce in Turkey lawsuits (dissolution of property regime cases) are not heard together with the divorce case in Turkish courts.

While it is possible to request a property division in divorce in Turkey in the divorce petition, Turkish judges will separate the divorce case and the property division case into different proceedings with distinct case numbers.

Alternatively, the property division case may be initiated after the divorce verdict becomes final. This case is brought with all claims, demands, and evidence regarding the marital estate following the finalization of the divorce decision.

In the property division in divorce in Turkey, proceedings are typically suspended pending the outcome of the divorce case. Only once the dissolution of marriage is finalized can asset division be adjudicated.

Jurisdiction and Competence in Turkish Property Division Cases

Under Turkish Law, property division in divorce in Turkey (property regime dissolution) cases are filed before the same court that heard the divorce case.

Statute of Limitations for Property Division Lawsuits in Turkey

There is a 10-year statute of limitations to file a property division (property regime dissolution) lawsuit, starting from the date the divorce verdict becomes final under Turkish law. The relevant competent court is the Family Court; if none exists locally, the Civil Court of First Instance will hear the case.

What Can Be Requested in a Property Division Case in Turkey?

In a property division case, three types of claims can be brought under Turkish law:

Participation (Equalization) Claim

Upon divorce, each spouse is entitled to a share of the acquired property under the participation regime (the default under Turkish Law). Shares are calculated according to the Turkish Civil Code (TMK).

• Under Article 229 TMK, certain values which have legally left the marital estate but are treated as if they remain (such as gifts or favors to third parties) are termed ‘additions’ for calculation purposes.
• Debts related to personal assets (even if incurred outside the marriage) are balanced against benefits or losses within the marriage. This balancing process is called ‘equalization’ (TMK Article 230).
• After considering additions and equalization, remaining marital assets (after subtracting relevant debts) are divided between spouses as the ‘participation claim.’

The participation claim (also called surplus value) is shared equally, unless otherwise contractually agreed or specific grounds apply.

Contribution Claim

The contribution claim system applied under the former (abolished) Civil Code in Turkey. Here, if one spouse contributed to the acquisition of an asset registered in the other’s name, they can claim a proportionate share in the event of divorce.

Value Increase Share Claim

This claim arises where one spouse has contributed significantly—without compensation—to the acquisition, improvement, or preservation of the other’s property. The contributing spouse is entitled to a share of any appreciation in value at the time of property division in divorce in Turkey (per TMK Article 227). For example, if a home owned before marriage is renovated during the marriage, the spouse funding improvements may claim a share proportional to the increase in value.

Commencing a Property Division Lawsuit in Turkey

Whether filed together with or after the divorce case, property division lawsuits cannot be finalized until the divorce judgment is absolutely final. Both spouses have equal standing regarding marital property unless one is legally excluded. The procedures and rules for filing a divorce case generally apply to property division lawsuits as well under Turkish law.

In uncontested divorces, a settlement protocol may definitively determine property division in divorce in Turkey. In contested divorces, asset division demands must be included in the petition; only after the divorce verdict can a property division case proceed.

Calculation of Spousal Shares in Property Division Under Turkish Law

When the marriage or property regime ends in Turkey, the value of acquired property is determined at the time of property division in divorce in Turkey.

Assets to Be Included in the Marital Estate for Turkish Property Division in Divorce in Turkey

The following are added to the marital estate and divided upon divorce in Turkey:

• Any assets given to third parties by one spouse within 1 year prior to the end of the property regime (other than customary gifts), unless the other spouse consented,
• Transfers made by one spouse with intent to reduce the other’s participation claim.

The value at the time of transfer is used in the division.

Equalization in Turkish Property Division Proceedings

Equalization allows recovery of amounts paid by one spouse for the other under TMK Article 230/1. If personal asset debts are paid from marital assets, or marital debts are paid from personal assets, the paying spouse has a right of reimbursement during property division in divorce in Turkey.

Calculation of Surplus Value in Turkish Divorce Asset Division

Surplus value is calculated by subtracting all debts from the total value of acquired property, after accounting for additions and equalization. Only the net value after the deduction is subject to division. Each spouse’s participation claim is half this surplus, unless a different rate is contractually agreed or special legal rules apply (e.g. in cases of adultery or attempted murder).

Surplus value is calculated as follows: first, ascertain total assets (including existing acquired property, additions, and returns from personal assets), then subtract any value increase claims, reimbursement obligations to personal assets, and debts. The remainder is the divisible surplus.

Calculation of Value Increase Share in Turkish Divorce

If a spouse improves, preserves, or adds value to the other’s property without (or for inadequate) compensation, they are due a proportional share of any increase in value upon dissolution. For example, if a spouse spends 50,000 TL to refurbish a 200,000 TL home owned by the other, and the home eventually is valued at 600,000 TL, the calculation is as follows:

• Increase in value: 600,000 – (200,000 + 50,000) = 350,000 TL
• Contribution ratio: 50,000 / (200,000 + 50,000) = 1/5
• Share of increase: 350,000 / 5 = 70,000 TL
• Total value claim: 70,000 TL (increase) + 50,000 TL (original contribution) = 120,000 TL

If such assets have been sold prior to divorce, the judge will assess value fairly under Turkish law.

Calculation of Participation Claim in Turkish Divorce Asset Division

Each spouse may claim half of the other’s surplus value. Offsetting is possible. Asset sharing may be modified by contract or reduced/denied for a spouse at fault in cases of adultery or attempted murder. For example, if the surplus is 50,000 TL, each spouse would generally receive 25,000 TL, but the judge can adjust for serious fault by lowering or eliminating a share.

Special Rules for Property Division in Pre-2002 Marriages in Turkey

For those married prior to 1 January 2002, asset division in Turkish law is handled as follows:

• Assets acquired before 1 January 2002 remain the individual property of the spouse in whose name they are registered at the time.
• Assets acquired after 1 January 2002 are divided according to the participation regime under current Turkish law.

Legal evaluation of both periods is performed separately during Turkish divorce proceedings.

Division of Pre-2002 Assets

Under the old Turkish Civil Code, property ownership adhered to ‘property separation.’ Assets bought before 2002 are the exclusive property of the spouse under whose name they are registered. However, if the non-titled spouse made a financial contribution to an asset, they may claim a proportionate contribution share post-divorce.

Division of Post-2002 Assets

The new Turkish Civil Code mandates equal division of assets acquired after 2002 as part of the participation regime.

In all cases, assets acquired before marriage remain personal property, regardless of later Turkish law changes.

Payment of Awarded Shares and Alimony in Turkish Divorce Proceedings

In Turkey, awarded shares in a property division case are paid in cash or in-kind. Interest accrues from the due date on any sum owed. If immediate payment would be unduly burdensome, the indebted spouse may request an extension of time, in which case the other may demand security.

Ownership of a Home Purchased During Marriage Under Turkish Law

A residence bought during marriage is considered marital property. However, if such a property was purchased with funds from a spouse’s personal property—such as an inheritance or wedding gold—the home is personal property and excluded from property division in divorce in Turkey. For example, if a home is bought during marriage with inherited funds, it is not divided in divorce.

Who Owns the Home Bought Before Marriage in Turkey?

If a property was acquired and fully paid for before marriage by one spouse, it remains their personal property in the event of divorce. If mortgage payments continued into the marriage, the portion paid post-marriage is divided between spouses.

Pre-Nuptial Agreements and Marital Property Regimes in Turkey

Spouses in Turkey may sign pre- or post-nuptial agreements declaring certain assets (e.g. business profits, personal property income) as personal property and thus outside the scope of property division in divorce in Turkey upon divorce.

• For example, rental income from a spouse’s pre-marital property would normally be marital property, but a contract can specify it remains personal property.

Women’s Rights in Property Division During Divorce in Turkey

Under Turkish law, a woman’s work and contributions to the home count as contributions to the marital estate—even if she was not employed outside the home. Hence, she is generally entitled to half of all marital property. Exceptions apply to personal property and assets specifically excluded by prenup.

Wedding jewelry (gold) belongs to the woman in Turkey. If these are used to purchase a home, the home is considered her personal property. If jewelry pays only part of the purchase price, her share is proportionate to that contribution; the remainder is shared equally.

If a woman uses proceeds from pre-marriage personal property to buy an asset during marriage, that part is treated as her personal property. The same principle applies for men.

Division of Business Shares and Company Assets in Turkish Divorce Cases

Company shares acquired before marriage count as personal property under Turkish law and are excluded from property division in divorce in Turkey. However, any increase in value or undistributed dividends accruing during the marriage may be divided. If shares are obtained after marriage, they are considered marital property subject to property division in divorce in Turkey.

Only the share’s value—not the shares themselves—will be paid to the entitled spouse.

If the Business is Personal Property, Does the Other Spouse Have a Share?

If company shares were acquired before 2002, they are treated as personal property. However, if there is value growth or undistributed dividends from 2002 until divorce, the other spouse may have a claim to these under Turkish law.

Company shares inherited by one spouse are always considered personal property and are not shared in divorce.

If spouses co-own a company, a participation claim for the other’s share is not possible; only proportional contribution claims are allowed.

If the Business is Marital Property, What is the Other’s Share?

If company shares are marital property (i.e. acquired during marriage), undistributed dividends are split according to participation rules. The value is determined as of the termination of the property regime, and statutory interest accrues.

If Dividends Were Paid Out Before Divorce, How Are They Divided?

Amounts already paid as dividends are included in the value of marital property and divided accordingly upon the dissolution of the property regime in Turkey.

If profits were instead reinvested, their value as of the dissolution date is determined and shared. The nature of value increases (whether due to general market conditions or special efforts) is also examined for classification as personal or marital property.

Only assets registered under a spouse’s name are subject to participation claims, not assets owned by the business entity. The increase in equity is considered for distribution.

Is It Possible to Obtain a Precautionary Measure (Injunction) on Company Shares During Divorce?

Under Turkish law, precautionary measures on company shares cannot be imposed during divorce proceedings, but may be sought during the property division case itself.

How Are Encumbered (Seized) Assets Divided in Turkish Divorce?

Turkish law does not expressly regulate division of encumbered (seized) assets. The applicable marital property regime and the date of marriage determine division rights:

For marriages before 2002, only the legal owner of the seized asset is entitled to it, regardless of encumbrance. For post-2002 marriages, all acquired property is divided per the participation regime, regardless of whether assets are encumbered.

If an asset is subject to other creditors’ claims post-divorce, the spouse becomes one of the creditors in the order of claims and collects accordingly after the asset is liquidated.

Can a Spouse’s Debt Result in Asset Seizure? Is One Spouse Liable for the Other’s Debts in Turkey?

Under Turkish law, divorce does not make a spouse responsible for the other’s debts, except where both have jointly incurred a liability. If only one spouse is indebted, the other cannot be subjected to enforcement proceedings for that debt.

Frequently Asked Questions About Property Division in Divorce in Turkey

How Does Property Division Work in Turkey?

While the marriage lasts, both spouses have rights in assets acquired during the marriage. Property division in divorce in Turkey occurs through a separate lawsuit after divorce in Turkey. Personal property is excluded.

How Is Property Division Decided in Turkish Divorce Cases?

Turkish family courts do not divide assets during the divorce case itself; a separate asset division (property regime dissolution) lawsuit must be filed after the divorce is finalized, during which the court decides the method and scope of property division in divorce in Turkey under Turkish law.

What Assets Are Excluded from Division in Divorce in Turkey?

Assets for exclusive personal use, property owned before marriage, inheritances, gifts, compensation for moral damages, and replacements of personal property are not divided in Turkish divorce proceedings.

Is Property Divided Equally in Turkish Divorce?

Marital assets are usually divided 50-50 in Turkish divorce. However, in cases of fault such as adultery or attempted murder, the judge may reduce or eliminate the share of the at-fault spouse.

Can a Property Division Lawsuit Be Filed After Uncontested Divorce?

In uncontested (amicable) divorces in Turkey, spouses may agree on property division in divorce in Turkey. If no such agreement or waiver exists, it is still possible to file a property division lawsuit after an uncontested divorce.

Are Assets Sold Before the Divorce Still Divided?

If assets were transferred or sold to third parties within one year before the filing of a divorce case in Turkey, such transactions may be disregarded for property division in divorce in Turkey and the judge may include them in the marital estate valuation.

Source: Turkish Civil Code