Property Division in Divorce in Turkey: Your Rights Before and After 2002

Divorce is not just an emotional separation; it is the termination of an economic partnership. Under the Turkish Civil Code, the division of assets is governed by strict rules depending on when the marriage took place and how the assets were acquired.

For international clients and expatriates living in Turkey, understanding the local "Matrimonial Property Regime" is crucial to securing a fair share of the marital wealth. In this guide, we explain the legal logic behind the Liquidation of Matrimonial Property lawsuit.

1. What is Property Division in Turkish Law?

In principle, property division in Turkey is based on the equal splitting (50/50) of assets acquired during the marriage. This is called the "Regime of Participation in Acquired Property."

However, this "50/50" rule is not absolute. The date of the marriage and the nature of the asset (whether it was bought, inherited, or gifted) determine the outcome.

2. The Critical Milestone: January 1, 2002

The most important factor in asset calculation is January 1, 2002, the date the new Turkish Civil Code came into effect. Courts evaluate assets acquired before and after this date under two completely different regimes.

📅 Period 1 (Before Jan 1, 2002)

During this period, the legal default was the "Separation of Property Regime."

• The Rule: Assets purchased before 2002 legally belong to whoever holds the Title Deed (Tapu) or registration. They are not automatically divided.

• The Exception: If the non-owner spouse contributed financially to the purchase (e.g., selling personal gold/jewelry, using salary), they must prove this contribution in court to claim a "Contribution Fee" (Katkı Payı).

  
  

📅 Period 2 (After Jan 1, 2002)

With the new Civil Code, the "Participation in Acquired Property Regime" was adopted.

• The Rule: Assets acquired within the marriage union after this date are considered "Acquired Property." Regardless of whose name is on the Title Deed, these assets are generally divided 50/50 between spouses. This claim is called "Participation Receivable" (Artık Değer).

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💡 Important Note: Assets acquired before marriage, or assets acquired through inheritance or donation at any time, are considered "Personal Property" and are excluded from the division.

3. When to File the Lawsuit? (The "Separate Case" Rule)

A common misconception among foreign clients is assuming that property division is handled automatically within the divorce case.

• Separate Lawsuit Required: In Turkey, the property division case cannot be heard in the same file as the divorce case. It must be filed as a separate lawsuit with its own court fees.

• Prejudicial Question: If the property lawsuit is filed while the divorce case is ongoing, the court will pause the property case. The judge waits for the divorce decree to become final and binding before proceeding with the asset division.

• Finalization Requirement: Legally, the matrimonial property regime ends only upon divorce. Therefore, property liquidation cannot be finalized until the divorce is official.

  
  

4. Statute of Limitations

You do not have unlimited time to claim your share after a divorce.

• The Limit: According to Supreme Court precedents, the property division lawsuit must be filed within 10 years from the date the divorce decision becomes final.

• The Risk: If this period expires, your right to claim a share becomes time-barred.

  
  

5. Competent Court

The specialized court for these cases is the Family Court (Aile Mahkemesi). The competent jurisdiction is generally the court where the divorce case was heard or the domicile of the defendant.

👨‍⚖️ Lawyer’s Note: Protecting Your Rights

Property liquidation cases involve complex calculations, including bank record analysis, real estate valuations, and inflation adjustments. Filing your case as an "Indefinite Debt Lawsuit" (Belirsiz Alacak Davası) is critical to preventing rights loss as asset values fluctuate.

We strongly recommend working with an expert Family & Real Estate Law Attorney to navigate this technical process.

FAQ: Property Division & Asset Liquidation in Turkey

How are assets divided in a Turkish divorce?

For assets acquired after January 1, 2002, Turkey applies the "Participation in Acquired Property" regime. This means all assets purchased during the marriage with labor income are legally shared 50/50 between spouses, regardless of whose name is on the title deed.

What happens to property bought BEFORE 2002?

Assets acquired before Jan 1, 2002, are subject to the "Separation of Property" regime. Legally, the asset belongs entirely to the spouse holding the Title Deed. The other spouse can only claim a share if they prove they financially contributed to the purchase (Contribution Fee).

Are inheritance and gifts divided in a divorce?

No. Assets acquired through inheritance (heirship) or received as a personal gift are considered "Personal Property" under Turkish Civil Code. They are excluded from the liquidation process and are not shared with the spouse.

Can I file for property division within the divorce case?

No. In the Turkish legal system, the "Liquidation of Matrimonial Property" is a separate lawsuit. It cannot be heard in the same file as the divorce. The court waits for the divorce to be finalized before ruling on asset division.

Is there a deadline to claim my share of the property?

Yes. There is a 10-year statute of limitations starting from the date the divorce decree becomes final. If you do not file a property division lawsuit within this period, you lose your right to claim any assets.

What counts as "Acquired Property" to be shared?

Acquired property includes salary/wages, income from professional practices, rental income from personal properties, and retirement bonuses acquired during the marriage. These are pooled and split equally.

Can I claim a share if I didn't work but managed the household?

Yes. Under the post-2002 regime, the non-working spouse (homemaker) is entitled to 50% of the acquired assets. The law recognizes household labor as a contribution to the marriage union, granting equal rights to the accumulated wealth.