Division of property on divorce in Turkey

Under Turkish law, property on divorce is divided by value, based on what the spouses acquired during the marriage. Each spouse can claim half of what remains of the other spouse’s acquired property once debts are deducted, known as the net surplus (artık değer) (Turkish Civil Code, TMK Article 236(1)). Property owned before the marriage and property received by inheritance or gift is left out of this calculation (TMK Article 220).

This follows from the statutory regime that applies unless the spouses have chosen another one: participation in acquired property (edinilmiş mallara katılma, TMK Article 202). Below I explain which assets go into the calculation, how the claim is worked out, and which country’s law applies to spouses living in Germany or the Netherlands.

Acquired property and personal property

The first question in any division of property is which group an asset belongs to.

Acquired property (edinilmiş mal) is what a spouse obtains for value while the regime lasts (TMK Article 219). The law lists in particular: earnings from work, payments from social security institutions and pension funds, compensation paid for loss of the ability to work, income from personal property, and assets that replace acquired property. A flat bought from salary during the marriage, savings, or a car paid for with those savings are typical examples.

Personal property (kişisel mal) is, by law (TMK Article 220):

items used solely for one spouse’s personal use,
assets that belonged to that spouse when the regime began,
what a spouse receives during the marriage without giving anything in return, such as an inheritance or a gift,
claims for non-pecuniary damages,
assets that replace personal property.

If it is disputed who owns an asset or which group it falls into, the burden of proof lies with the person who asserts it. Assets whose ownership cannot be proven are treated as jointly owned by both spouses in shares, and all of a spouse’s assets count as acquired property until the contrary is proven (TMK Article 222). If you want a flat you bought before the marriage, or one you inherited, to count as personal property, you need documents to show it.

Whoever is on the title deed: the participation claim

Dividing property does not by itself transfer ownership to the other spouse. A house registered in the husband’s name at the land registry stays in his name after the divorce. The wife’s right is a money claim in which the value of that house, as acquired property, is taken into account: the participation claim (katılma alacağı). The same works the other way round. The claim can be paid in money or, by agreement, by handing over assets. If paying at once would cause the debtor serious difficulty, payment can be deferred (TMK Article 239).

Jointly owned property follows a different rule. A spouse who proves a greater interest and pays the other spouse’s share can ask for the asset to be allocated to him or her undivided (TMK Article 226(2)).

How is the participation claim calculated?

The calculation is made separately for each spouse.

When the regime ends. On divorce, the property regime ends with effect from the date the divorce case was filed (TMK Article 225(2)). Which assets count as acquired property depends on the position on that date (TMK Article 228(1)).
Value. The assets, however, are valued as at the time of liquidation (TMK Article 235(1)). If a flat has gone up in value since the case was filed, the increase is included.
Amounts added back. Gifts made in the year before the regime ended without the other spouse’s consent and beyond ordinary presents are added back, as are transfers made with the intention of reducing the participation claim (TMK Article 229). Transferring assets to someone else before the divorce therefore does not make the claim disappear.
Compensation and debts. If a debt of acquired property was paid from personal property, or the other way round, compensation can be claimed (TMK Article 230). Debts relating to acquired property are deducted. What is left is the net surplus. The law does not take a deficit into account (TMK Article 231(2)): if a spouse’s debts exceed his or her acquired property, that shortfall is not passed on to the other spouse.
Half each, then set-off. Each spouse receives half of the other’s net surplus, and the mutual claims are set off against each other (TMK Article 236(1)).

An example: if Ayşe’s net surplus is 400,000 TL and Mehmet’s is 100,000 TL, Ayşe has a claim of 50,000 TL against Mehmet and Mehmet a claim of 200,000 TL against Ayşe. After set-off, Ayşe pays Mehmet 150,000 TL. The figures only illustrate how the calculation works.

A spouse who contributed without payment to the purchase, improvement or upkeep of an asset belonging to the other spouse, for example by renovating the other spouse’s house, which is personal property, with his or her own savings, can claim a share in added value (değer artış payı) in proportion to that contribution (TMK Article 227). This is a separate right, apart from participation in the net surplus.

Does fault affect the division of property?

As a rule, no. The half-and-half participation does not depend on who was at fault. The law makes only two exceptions: where the divorce is granted for adultery or for an attempt on a spouse’s life, the judge may reduce or remove the at-fault spouse’s share of the net surplus on grounds of fairness (TMK Article 236(2)). Fault is assessed separately for other consequences, such as maintenance and compensation.

Married before 2002, and marital property agreements

Participation in acquired property was introduced by Law No. 4721, which came into force on 1 January 2002. Under Article 10 of Law No. 4722 on its entry into force, this regime does not apply retroactively. For couples who married earlier, separation of property (mal ayrılığı) under the former Civil Code applies up to 1 January 2002, and participation in acquired property from that date on. Claims relating to the period before 2002 follow different principles and are outside the scope of this article.

Spouses can choose a different regime in a marital property agreement (mal rejimi sözleşmesi) drawn up or certified by a notary (TMK Article 205). If there is such an agreement, the division follows that regime (TMK Article 179).

In an uncontested divorce, the spouses can also set out the division of property in their settlement (protokol). The judge must find the arrangement on the financial consequences of the divorce appropriate and may make the changes he or she considers necessary (TMK Article 166(3)). More on this in Uncontested divorce in Turkey while living abroad.

Spouses living in Germany or the Netherlands: which law applies?

A Turkish court first decides under Article 15 of Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) which country’s law governs the property regime. If the spouses have not chosen a law, the order is: their common national law at the time of the marriage; failing that, the law of their common habitual residence at the time of the marriage; failing that, Turkish law (MÖHUK Article 15(1)).

Both spouses were Turkish citizens when they married. The Turkish court applies Turkish law, even if they live in Germany or the Netherlands. For a spouse who holds another nationality alongside Turkish citizenship, Turkish citizenship counts (MÖHUK Article 4(1)(b)).
One spouse was only a German or Dutch citizen when they married. There is no common national law. If both lived in Germany when they married, German law applies. The content of the claim is then determined by German law, and for that you need a lawyer admitted in Germany.
Immovable property in Turkey. Turkish law applies to it when the assets are liquidated (MÖHUK Article 15(2)). How far this paragraph reaches, that is, whether it affects only how the property itself is divided or also how the claim is calculated, is disputed; the law has no express provision on it.

For more detail, see Article 15 MÖHUK. German and Dutch courts apply their own conflict-of-laws rules and may reach a different law for the same marriage. A property division ordered in Germany has effect in Turkey, in particular at the land registry, only after recognition or enforcement (tanıma/tenfiz).

The court with jurisdiction over the divorce also has jurisdiction over the case for liquidating the property regime (TMK Article 214(2)). How to file the case, court fees and the type of action are beyond this article. Because Turkey’s procedural laws were amended in 2026, check these points against the current text before filing. For other topics, see the family law page.

Frequently asked questions

Who gets the house in a divorce in Turkey?

The house stays with the spouse in whose name it is registered at the land registry. If it is acquired property, its value goes into the calculation and the other spouse can claim money on that basis (the participation claim) (TMK Articles 236, 239). For a jointly owned house, the rule in TMK Article 226(2) applies.

Is a house bought before the marriage divided?

No. An asset that belonged to a spouse when the regime began is personal property (TMK Article 220). If the mortgage was paid off from salary during the marriage, however, compensation may be claimed (TMK Article 230), and if the other spouse contributed, a share in added value (TMK Article 227).

Is inherited property divided on divorce?

No, property acquired by inheritance is personal property (TMK Article 220). Income it produces, such as rent, is acquired property (TMK Article 219).

Does cheating affect the division of property?

In a divorce granted for adultery, the judge may reduce or remove the at-fault spouse’s share of the net surplus (TMK Article 236(2)). Otherwise, fault has no effect on the division of property.

Sources

Questions about your case

If you would like to have your own situation assessed, for example which assets fall into the division in a Turkish divorce, how the participation claim is calculated, or which country’s law governs your property regime if you married abroad, you can choose a date for a video call, a phone call or a meeting in Düsseldorf on the appointment page. Written questions can be sent through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for any part governed by German or Dutch law, please consult a lawyer admitted in that country. Useful to have ready:

the date and place of the marriage, and both spouses’ nationality and country of residence at that time,
any marital property agreement (Ehevertrag, huwelijkse voorwaarden),
when each asset was acquired, land registry details, and documents on property received by inheritance or gift,
the filing date of the divorce case, if one has been filed.