Division of Property in Divorce in Turkey: Matrimonial Property Regime and Participation Claim
How assets acquired during the marriage are divided is one of the most important financial questions in a divorce in Turkey. Under Turkish law, property is not divided simply according to whose name it is registered in; it is divided under the rules of the matrimonial property regime. For marriages after 1 January 2002, the statutory regime is participation in acquired property, under which each spouse is generally entitled to half of the other’s net acquired property.
This guide explains the matrimonial property regime, which assets are divided and which are not, how the participation claim is calculated with an example, the contribution claim for assets acquired before 2002, common practical issues, the property division lawsuit and the position of foreign and mixed-nationality couples.
In Brief: Division of Property in Divorce
- The statutory regime for marriages after 1 January 2002 is participation in acquired property.
- Acquired property, such as assets bought with salary or income earned during the marriage, is divided; personal property, such as inheritance and gifts, is not.
- Each spouse is generally entitled to half of the net value of the other spouse’s acquired property (the participation claim).
- The spouse who is not working is also entitled to a participation claim.
- It does not matter in whose name the property is registered.
- The property division claim must be brought within ten years of the divorce judgment becoming final.
What Is the Matrimonial Property Regime?
The matrimonial property regime determines how the spouses’ assets are owned during the marriage and divided at its end. Under the Turkish Civil Code (TCC), which entered into force on 1 January 2002, the statutory regime is participation in acquired property unless the spouses have chosen another regime by a marriage contract (such as separation of property).
Marriages Before 2002
For marriages concluded before 1 January 2002, the separation of property regime applied until that date. Assets acquired before 2002 are therefore liquidated under the separation of property rules, while assets acquired after 1 January 2002 are liquidated under the participation regime.
Which Assets Are Divided? Acquired Property
Acquired property consists of assets that a spouse acquires for consideration during the marriage regime (TCC Art. 219). These include in particular:
- Income from work, such as salary and wages, and assets purchased with it,
- Payments from social security and social assistance institutions and pension funds,
- Compensation for loss of earning capacity,
- Income from personal property,
- Assets acquired in replacement of acquired property.
Which Assets Are Not Divided? Personal Property
Personal property is not included in the division (TCC Art. 220). This includes:
- Items used exclusively for a spouse’s personal use,
- Assets belonging to a spouse at the beginning of the regime,
- Assets acquired later by inheritance or gift,
- Claims for non-material damages,
- Assets acquired in replacement of personal property.
What Is the Participation Claim and How Is It Calculated?
For each spouse, the net value of their acquired property, after deducting the debts relating to it and adding certain values, is calculated. This is called the surplus value. Each spouse is entitled to half of the other spouse’s surplus value, and the claims are set off against each other (TCC Arts. 231 and 236).
Example Calculation
A couple married in 2010 and the divorce case was filed in 2025. During the marriage, Ahmet acquired a flat worth TRY 4,000,000 and a car worth TRY 1,000,000 with his salary; the flat has a remaining mortgage of TRY 1,000,000. Ayşe has bank savings of TRY 600,000 accumulated during the marriage.
- Ahmet’s surplus value: 4,000,000 + 1,000,000 − 1,000,000 = TRY 4,000,000
- Ayşe’s surplus value: TRY 600,000
- Ayşe’s participation claim: 4,000,000 / 2 = TRY 2,000,000
- Ahmet’s participation claim: 600,000 / 2 = TRY 300,000
- After set-off, Ahmet must pay Ayşe: TRY 1,700,000
The fact that the flat is registered only in Ahmet’s name does not change the result. Nor does the fact that Ayşe is not employed eliminate her participation claim, since contributions to the household are also taken into account under the participation regime.
Value Increase Share and Contribution Claim
Where a spouse has contributed, without receiving a corresponding benefit, to the acquisition, improvement or preservation of an asset belonging to the other spouse, that spouse may claim a value increase share (TCC Art. 227). For assets acquired before 1 January 2002, a spouse who contributed financially to the acquisition may bring a contribution claim under the separation of property rules.
Common Practical Issues
A Home Bought With a Loan
Where a home is bought with a mortgage, the instalments paid during the marriage are generally treated as acquired property, while instalments paid before the marriage or after the divorce case was filed are treated differently. The calculation is made on the basis of the instalments paid in each period.
A Home Received From Family
A home inherited or received as a gift from family is personal property and is not divided. However, if the other spouse contributed to its improvement or preservation, a value increase share may be claimed.
Transfers to Avoid Division
Where a spouse transfers assets during the marriage to reduce the other spouse’s participation claim, such transfers may be added back to the calculation (TCC Art. 229) and, in certain cases, claimed from the third party who received them.
Adultery and Division of Property
Where the divorce is granted on the ground of adultery, the judge may reduce or remove the at-fault spouse’s share in the surplus value on an equitable basis (TCC Art. 236/2).
Foreign and Mixed-Nationality Couples
Under Article 15 of the Turkish Code on Private International and Procedural Law, spouses may choose the law of their habitual residence or nationality at the time of marriage to govern their matrimonial property regime. If no choice is made, their common national law applies; if they do not share a nationality, the law of their common habitual residence at the time of marriage; and otherwise Turkish law. However, immovable property located in Turkey is liquidated in accordance with Turkish law.
For mixed-nationality couples with assets in Turkey, it is therefore important to determine at the outset which law governs the division and whether a marriage contract exists.
How Is a Property Division Lawsuit Filed?
Property division lawsuits are heard by the family court. In a divorce, the competent court is the court hearing the divorce; for actions filed after the divorce becomes final, the court of the defendant spouse’s domicile is competent (TCC Art. 214).
The property division claim may be brought together with the divorce case, but in practice it is usually separated and heard in a separate file, pending the finalisation of the divorce. In an uncontested divorce, the spouses may settle property division in the protocol; see our guide on uncontested divorce in Turkey.
Limitation Period
The property division claim is subject to a ten-year limitation period from the date the divorce judgment becomes final.
Frequently Asked Questions
Does the house go to the spouse in whose name it is registered?
No. Registration does not determine the division. If the house is acquired property, the other spouse is entitled to a participation claim of up to half of its net value.
Is a spouse who did not work entitled to a share?
Yes. The participation claim does not depend on whether the spouse earned an income.
Does the spouse who committed adultery lose their share?
Where the divorce is based on adultery, the judge may reduce or remove the at-fault spouse’s share on an equitable basis.
Can a property division lawsuit be filed after the divorce?
Yes. The claim may be filed within ten years of the divorce becoming final, unless the matter was settled in the divorce protocol.
Which law applies if we married abroad?
The applicable law depends on any choice of law made by the spouses, their nationality and their habitual residence at the time of marriage. Immovable property in Turkey is always liquidated under Turkish law.
Conclusion
In a Turkish divorce, property is divided not by registration but under the rules of the matrimonial property regime. Distinguishing acquired property from personal property, calculating the surplus values correctly and observing the ten-year limitation period are the main points determining the outcome.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish in the division of property in divorce, liquidation of the matrimonial property regime, cases involving foreign and mixed-nationality couples and other family law matters. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
