German-Turkish Matrimonial Property Division (2026 Legal Guide)

A divorce between spouses with ties to Germany and Türkiye often leaves assets in both countries, and each legal system has its own rules on which law governs them. Spouses may hold a flat or house in Istanbul, Antalya, Izmir or Bodrum alongside pensions, savings and residential property in Frankfurt, Munich or Berlin.

When the marriage breaks down, navigating the interplay between the German statutory regime of the community of accrued gains (Zugewinngemeinschaft under §§ 1363–1390 of the German Civil Code, BGB) and the Turkish statutory regime of participation in acquired property (Edinilmiş Mallara Katılma Rejimi under Articles 218–241 of the Turkish Civil Code (Law No. 4721)) requires coordination across both systems. Istanbul Attorneys advises on the protection of assets in Türkiye, the liquidation of the matrimonial property regime and the recognition of foreign judgments in German-Turkish matters.

Key Takeaways: German-Turkish Matrimonial Property Division

• Choice of Law Rules (MÖHUK Art. 15/1): Spouses may expressly choose the law of their habitual residence at marriage or one of their national laws at marriage. If no choice was made, their common national law at marriage applies; failing that, their common habitual residence at marriage; failing that, Turkish law.
• Special Rule for Real Estate (MÖHUK Art. 15/2): In the liquidation of matrimonial property, real estate located in Türkiye is governed by Turkish law, as the law of the place where it is located (lex rei sitae).
• Recognizing the German Divorce Decision: A German judgment counts in Türkiye as conclusive evidence or res judicata only after a Turkish court has found in a recognition action (tanıma davası) that it meets the conditions of MÖHUK Article 58; its effect then runs from the date it became final in Germany (Art. 59). The divorce itself can also be entered in the Turkish civil register under Article 27/A of Law No. 5490 if that article's conditions are met.
• Money Claims and Specific Assets: German Zugewinnausgleich is a money claim (Ausgleichsforderung, § 1378(1) BGB), although the family court may, on the creditor's application, order specific assets to be transferred and credited against it (§ 1383 BGB). The Turkish participation claim may be paid in kind or in money (TMK Art. 239), and a Turkish court may grant an interim injunction (ihtiyati tedbir) where a change in the current situation could make obtaining the right significantly harder or impossible (HMK Art. 389/1).
• Statutory Add-Backs for Dissipation (TMK Art. 229): Turkish law adds back to acquired property the gratuitous transfers a spouse made without the other spouse's consent in the year before the regime ended (ordinary gifts excepted), and transfers made during the regime with the intent of reducing the other spouse's participation claim. In a divorce, the regime ends with effect from the date the action was filed (TMK Art. 225/2).

Reading MÖHUK Article 15 Closely: Dual Citizens, Later Changes and Pre-2002 Marriages

The exact wording of Article 15/1 of Law No. 5718 matters. Spouses may expressly choose the law of their habitual residence at the time of marriage or one of their national laws at that time, so a German-Turkish couple can choose German or Turkish law even without a shared nationality. Only where no express choice was made does the default chain apply: common national law at marriage, then common habitual residence at marriage, then Turkish law. Four further rules often decide the result in German-Turkish files:

• Dual citizens (MÖHUK Art. 4(b)): unless the Law provides otherwise, where the applicable law is determined by nationality, Turkish law is applied to a person who holds several nationalities including Turkish nationality. When a Turkish court looks for the spouses' common national law under the default rule, a spouse who is both German and Turkish is therefore treated as Turkish.
• A new common law after the wedding (Art. 15/3): spouses who acquire a new common law after marrying may become subject to that new law, with the rights of third parties reserved.
• German law in a Turkish courtroom (Art. 2/1–2): the Turkish judge applies the foreign law designated by the conflict rules of the court's own motion and may ask the parties to help establish its content; if the content cannot be established despite all enquiries, Turkish law applies. In family-law disputes, a reference by the foreign law's own conflict rules to another law is taken into account, and that law's substantive rules are applied (Art. 2/3). Because Article 15/2 sends immovables to the law of the country where they are located, one file can combine German rules for savings and movables with Turkish rules for a flat in Antalya.
• Marriages before 1 January 2002: the current Turkish Civil Code entered into force on 1 January 2002 (TMK Art. 1029). Under Article 10 of Law No. 4722, spouses married earlier remained under their previous regime until that date and, unless they chose another regime within one year, are deemed to have chosen the statutory regime with effect from that date. Within that year they could also agree by marriage contract that the statutory regime would apply from the date of marriage. Where Turkish law governs such a marriage, the years before 2002 are therefore assessed separately.

Comparing German Zugewinnausgleich and Turkish Edinilmiş Mallara Katılma

Step-by-Step Strategy: Liquidating Turkish Assets in a German Divorce

1. Interim Injunction on Turkish Real Estate: Where a change in the current situation could make obtaining the right significantly harder or impossible, an interim injunction (ihtiyati tedbir) can be requested under Article 389 of the Code of Civil Procedure (HMK). Before any lawsuit is filed, the request goes to the Turkish court that would have jurisdiction over the main action (HMK Art. 390/1), and that main action must be filed within two weeks of requesting enforcement of the order, otherwise the injunction lapses automatically (Art. 397/1). The Turkish main action therefore has to be planned before applying. Court decisions protecting disputed rights can be annotated on the land register and, once annotated, can be asserted against anyone who later acquires rights in the property (TMK Art. 1010).
2. Recognition of the German Divorce Decision: German family courts decide by order (Beschluss, § 116(1) FamFG), and a decision ending a matrimonial case takes effect only once it becomes final (§ 116(2) FamFG); in matrimonial matters the parties receive a certificate of finality (Rechtskraftzeugnis) ex officio (§ 46 FamFG). For use in Türkiye, obtain the decision duly certified by the German authorities, a certified document showing that it is final, and certified translations (the documents MÖHUK Article 53 lists for enforcement), then file for recognition (tanıma) under MÖHUK Article 58.
3. Filing the Property Division Lawsuit (Mal Rejimi Tasfiyesi): The international jurisdiction of Turkish courts follows the domestic venue rules (MÖHUK Art. 40). For liquidation claims, TMK Article 214 designates, where a divorce is decided, the court with jurisdiction over the divorce action (under TMK Art. 168, the court of either spouse's domicile or of the place where they last lived together for six months before the action) and, in other cases, the court of the respondent spouse's domicile. Assets are taken at their market value (TMK Art. 232) as at the time of liquidation (Art. 235/1), and each spouse is entitled to half of the other's surplus (Art. 236/1). Where the Turkish flat was bought before the marriage but the mortgage was serviced afterwards, the claim runs on the instalments rather than on the title deed — our guide to mortgage payments in a Turkish divorce works through the calculation.

Timing rules for the Turkish injunction. Enforcement of the order must be requested within one week of its pronouncement to, or service on, the applicant; otherwise the order lapses automatically, even if the lawsuit was filed within the statutory period (HMK Art. 393/1). If the order was granted before the lawsuit, the applicant must also lodge proof of filing the main action with the enforcing officer within the two-week period set by Article 397/1. If the applicant turns out not to have been in the right when applying, or the order lapses or is lifted on objection, the applicant must compensate the loss it caused (Art. 399/1).

What the Turkish Court Checks Before Recognising or Enforcing the German Judgment

A German judgment counts in Türkiye as conclusive evidence or as res judicata only after a Turkish court determines that it meets the conditions for enforcement (MÖHUK Art. 58/1). The reciprocity condition in Article 54/1(a) does not apply to recognition, but the other conditions do:

• the judgment must not concern a matter within the exclusive jurisdiction of Turkish courts, and, if the respondent objects, must not come from a court that took jurisdiction without any real connection to the dispute or the parties (Art. 54/1(b));
• it must not be manifestly contrary to Turkish public order (Art. 54/1(c));
• it must not have been given against a respondent who was not duly summoned or represented, or in their absence contrary to German procedural law, where the respondent objects on that ground (Art. 54/1(ç)).

Article 58/3 applies the same procedure where an administrative act is to be carried out in Türkiye on the basis of a foreign judgment, so a Turkish authority does not act on the German judgment alone. Once recognised, the judgment has effect from the date it became final in Germany (Art. 59).

If the German court also ordered a payment, for example on the equalisation claim, collecting it in Türkiye requires an enforcement (tenfiz) decision under Article 50, which covers judgments that are final under the law of the issuing state; here the reciprocity condition in Article 54/1(a) does apply. Enforcement is requested from the court of the respondent's domicile in Türkiye, failing that the place where the respondent is staying, and failing both from a court in Ankara, Istanbul or Izmir (Art. 51/2). The request is examined under the simple procedure (Art. 55/1), and the respondent may object only that the conditions are not met, that the judgment has already been satisfied in whole or in part, or that an obstacle to its execution has arisen (Art. 55/2). The petition must attach (Art. 53):

• the original German judgment duly certified by the German authorities, or a copy certified by the issuing court, with a certified translation;
• a document showing that the judgment is final, duly certified by the German authorities, with a certified translation.

For the divorce itself there is also an administrative route. Under Article 27/A of the Civil Registry Services Law No. 5490 (added by Decree-Law No. 690 and adopted by Law No. 7077), a foreign decision on divorce is entered in the Turkish civil register where the parties apply together, in person or through representatives (or the Turkish-citizen spouse alone if the other spouse has died or is a foreign national), the decision was given by an authority competent under the issuing state's law and has become final, and it is not manifestly contrary to Turkish public order. If registration is refused because these conditions are not met, recognition is sought under Law No. 5718 (Art. 27/A(3)).

Company Shares, Bank Accounts & Tracing Hidden Capital

In high-net-worth cross-border marriages, spouses frequently funnel marital funds into Turkish limited liability companies (Limited Şirket), holding entities, or private bank accounts in Istanbul. Under Turkish Civil Code Article 219, shares and corporate distributions acquired during marriage using marital effort or earned income constitute acquired property (edinilmiş mal).

Article 222 TMK sets the rules of proof. A person who claims that a specific asset belongs to one of the spouses must prove it; assets that cannot be shown to belong to either spouse are treated as their co-owned property; and all of a spouse's assets are treated as acquired property until the contrary is proven. A spouse who says that company shares or account balances are personal property, for example because they were funded from an inheritance, therefore has to prove it.

Acquired or Personal Property? How the Turkish Calculation Is Built

Turkish law governs the liquidation of real estate located in Türkiye (MÖHUK Art. 15/2). Where Turkish law applies, participation in acquired property is the regime unless the spouses adopted another regime by marriage contract (TMK Art. 202). Such a contract is drawn up or certified by a notary, and spouses may also state their chosen regime in writing when they apply to marry (TMK Art. 205/1). The calculation then follows fixed steps:

• Two estates per spouse (TMK Art. 218): the regime covers acquired property and each spouse's personal property.
• Acquired property (Art. 219): assets a spouse obtains for consideration while the regime lasts, notably earnings from work, payments by social security or social assistance institutions or by staff welfare funds, compensation for loss of working capacity, income from personal property, and assets replacing acquired property.
• Personal property by law (Art. 220): items for one spouse's exclusive personal use; assets owned when the regime began or received later by inheritance or any other gratuitous means; claims for non-pecuniary damages; and assets replacing personal property. German law reaches a similar result by a different route: property a spouse inherits or receives as a gift after the regime begins is added to that spouse's initial assets (Anfangsvermögen) under § 1374(2) BGB, unless in the circumstances it counts as income.
• Cut-off and valuation (Arts. 225/2, 228, 232, 235): where a court dissolves the marriage by divorce, the regime ends with effect from the date the action was filed. Assets are sorted into personal and acquired property as they stood when the regime ended, but acquired property existing at that date is valued at its value at the time of liquidation; added-back transfers are valued as at the date of transfer. Market value is the basis.
• Surplus and the half share (Arts. 231, 236): a spouse's surplus is the total value of their acquired property, including added-back amounts and compensation claims, less the debts relating to it; a deficit is not taken into account. Each spouse is entitled to half of the other's surplus, and the claims are set off. In a divorce for adultery or an attempt on life, the judge may reduce or remove the at-fault spouse's share on equitable grounds. The German counterpart works differently: under § 1381 BGB the debtor may refuse payment to the extent that equalisation would be grossly inequitable in the circumstances of the case.
• Contribution to the other spouse's asset (Art. 227): a spouse who contributed, without adequate consideration, to acquiring, improving or preserving an asset of the other spouse has a claim to the increase in value in proportion to that contribution, calculated on the asset's value at liquidation; if the value has fallen, the original contribution is the basis. Spouses may waive or vary this share by written agreement.
• Payment (Art. 239): the participation claim and the contribution share may be paid in kind or in money. A debtor spouse for whom immediate payment would cause serious hardship may ask for a reasonable deferral; unless otherwise agreed, interest runs from the end of the liquidation, and security may be required where the circumstances call for it.

Common Questions About German-Turkish Matrimonial Property Division

Which law applies to marital assets in a German-Turkish divorce?

Under Article 15/1 of Law No. 5718 (MÖHUK), spouses may expressly choose the law of their habitual residence at marriage or one of their national laws at marriage. If they made no choice, their common national law at marriage applies, then their common habitual residence at marriage, then Turkish law. For the liquidation of immovable property, the law of the country where the property is located (lex rei sitae) applies (MÖHUK Art. 15/2).

How does German Zugewinnausgleich differ from Turkish participation in acquisitions?

German law compares each spouse's final assets with their initial assets, the gain (Zugewinn) being the amount by which the final assets exceed the initial assets (§ 1373 BGB), while Turkish law separates each spouse's acquired property from their personal property (TMK Arts. 218–220). Both then give a half share: under § 1378(1) BGB, half of the amount by which the other spouse's gain exceeds one's own, and under TMK Article 236/1, half of the other spouse's surplus. The German claim is a money claim (Ausgleichsforderung), although the family court may, on the creditor's application, order specific assets to be transferred and credited against it (§ 1383 BGB). Under the Turkish Civil Code (TMK 218–241), the participation claim may be paid in kind or in money (TMK Art. 239).

Can a German divorce decree be enforced directly on Turkish real estate?

No. A German judgment counts in Türkiye as conclusive evidence or res judicata only after a Turkish court has found in a recognition lawsuit (tanıma davası) that it meets the conditions of MÖHUK Article 58, and the same procedure applies where an administrative act is to be carried out in Türkiye on the basis of a foreign judgment (Art. 58/3). The divorce itself can also be entered in the civil register under Article 27/A of Law No. 5490. A German payment order can be executed in Türkiye only after an enforcement (tenfiz) decision under MÖHUK Article 50, and a property claim brought in Türkiye is heard by the court designated in TMK Article 214.

How can a spouse prevent hidden asset transfers in Turkey before divorce?

Under TMK Article 229, gratuitous transfers a spouse made without the other spouse's consent in the year before the regime ended (ordinary gifts excepted), and transfers made during the regime with the intent of reducing the other spouse's participation claim, are added back to acquired property. A Turkish court may also grant an interim injunction (ihtiyati tedbir) where a change in the current situation could make obtaining the right significantly harder or impossible (HMK Art. 389/1); an injunction granted before any lawsuit lapses automatically unless the main action is filed within two weeks of requesting its enforcement (HMK Art. 397/1).

Is property I owned before the marriage or inherited included in the Turkish division?

Under Article 220 of the Turkish Civil Code, assets a spouse owned when the regime began, or later received by inheritance or any other gratuitous means, are personal property and are not shared. Three rules narrow this: income from personal property, such as rent from a flat owned before the marriage, is acquired property (Art. 219); every asset is treated as acquired property until the contrary is proven (Art. 222); and a spouse who helped acquire, improve or preserve the other spouse's asset without adequate consideration may claim a proportionate part of its increase in value (Art. 227).

Can I recover assets my spouse gave away to a relative or other third party?

The transfers described in Article 229 of the Turkish Civil Code are added back to the calculation, and a judgment on them can also be relied on against the third party who benefited, provided the lawsuit was notified to that party. Where the debtor spouse's own assets do not cover the participation claim, the creditor spouse may claim those gratuitous transfers from the third parties who benefited, limited to the shortfall (Art. 241). This right of action lapses one year after the creditor spouse learned that their rights were harmed and in any event five years after the regime ended.

This guide is general information on Turkish law, not legal advice on your own matter. Rules and practice change; check the position before you act.