During the continuation of marriage under Turkish Law, spouses maintain a joint life both materially and emotionally. When a marriage terminates through divorce, one of the most critical legal outcomes is the division of assets acquired during the union. In Turkish legal practice, this process is conducted through a Lawsuit for the Liquidation of the Matrimonial Property Regime.

I. When Can a Property Division Lawsuit Be Filed?

A lawsuit for the liquidation of the matrimonial property regime may be filed concurrently with a divorce action, or as an independent lawsuit within a 10-year statute of limitations following the finalization of the divorce decree.

However, if the property division lawsuit is filed together with the divorce case, the Family Court severs (separates) the property case file. Since the termination of marriage is a legal prerequisite for property liquidation, the court makes the finalization of the divorce decree a pre-judicial issue (bekletici mesele). If the divorce petition is rejected, the liquidation claim becomes moot.

II. Effective Date of Termination of the Property Regime

Pursuant to Article 225/2 of the Turkish Civil Code, when the court orders the termination of the property regime due to divorce, the regime is deemed terminated not on the date the divorce decree becomes final, but retroactively as of the date the divorce lawsuit was filed. Asset valuations for liquidation are determined based on the acquired property existing at that filing date.

III. Statutory Regime: Participation in Acquired Property Regime

If the spouses have not selected an alternative property regime through a notarized agreement, the Participation in Acquired Property Regime applies automatically as the statutory default. Assets under this regime are divided into two main categories:

A. Acquired Property

Assets obtained by either spouse in return for financial consideration or labor during the marriage:

  • Earnings derived from employment (salaries, wages, bonuses, etc.),
  • Payments from social security or welfare institutions (pension bonuses, disability payments, etc.),
  • Compensation paid for loss of earning capacity,
  • Income derived from personal assets (e.g., rental income or bank interest from personal real estate),
  • Substitute values replacing acquired property (e.g., proceeds from the sale of an acquired vehicle).

B. Personal Property

Assets excluded from division upon liquidation:

  • Items reserved exclusively for the personal use of one spouse (clothing, professional equipment, etc.),
  • Assets owned prior to the marriage,
  • Assets acquired through inheritance or uncompensated gifts/grants,
  • Non-pecuniary (moral) compensation claims,
  • Substitute values replacing personal property,
  • Wedding Jewelry (Current Precedents of the Court of Cassation): Jewelry gifted to the groom and specific to men is recognized as the groom's personal property, whereas jewelry gifted to the bride or specific to women is recognized as the bride's personal property.

Note: All assets of a spouse are presumed to be acquired property until proven otherwise (TCC Art. 222). Assets whose ownership cannot be proven belong co-equally to both spouses.

IV. Values to Be Added (TCC Art. 229)

Dispositions made by a spouse to diminish the other spouse's participation claim are added back during calculation. These include:

  • Uncompensated gratuitous dispositions (gifts) made without the other spouse's consent within one year prior to the termination of the property regime, excluding customary gifts,
  • Transfers made during the property regime with the specific intent of reducing the other spouse's participation claim.

V. Value Increase Share Claim (TCC Art. 227)

If a spouse contributes from their personal property to the acquisition, improvement, or preservation of an asset belonging to the other spouse without receiving adequate consideration, they hold a value increase share claim proportional to their contribution based on the asset's liquidation value.

VI. Surplus Value and Participation Claim (TCC Art. 231 and 236)

The net amount remaining after deducting liabilities related to acquired property from their total calculated value is defined as the surplus value. By operation of law, each spouse (or their heirs) is entitled to a 50% participation claim over the surplus value of the other spouse.

VII. Special Rule for Divorce Based on Adultery or Intent on Life (TCC Art. 236/2)

Under Turkish Law, general fault grounds (e.g., violence, verbal abuse, incompatibilities) do not reduce or forfeit a spouse's statutory participation claim. However, if the divorce is granted specifically on grounds of Adultery (TCC Art. 161) or Intent on Life (TCC Art. 162), the judge is empowered to equitably reduce or entirely forfeit the faulty spouse's share in the surplus value.

VIII. Jurisdiction and Competent Court

Subject-matter jurisdiction for liquidation claims lies exclusively with the Family Court. Territorial jurisdiction belongs to the court competent to hear the divorce lawsuit (the court of domicile of either spouse, or the place where they resided together for the last six months preceding the lawsuit).

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice. Consulting a qualified attorney is strongly recommended for specific legal disputes.