Article 15 MÖHUK – Matrimonial Property
Article 15 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs matrimonial property (evlilik malları), that is, how assets are divided on divorce or death. Spouses may expressly choose from a limited list of laws. Without a choice, the court applies their common national law at the time of the marriage, then the law of their common habitual residence at that time, then Turkish law. If you live in Germany or the Netherlands and a property division comes before a Turkish court, this is the article it starts from.
Article 15 MÖHUK – text
Unofficial translation:
Matrimonial property
Article 15 – (1) For matrimonial property, the spouses may expressly choose the law of one of their habitual residences or one of their national laws at the time of the marriage; where no such choice has been made, matrimonial property is governed by the spouses’ common national law at the time of the marriage, failing that by the law of their common habitual residence at the time of the marriage and, failing that, by Turkish law.
(2) In the liquidation of assets, immovable property is governed by the law of the country where it is situated.
(3) Spouses who acquire a new common law after the marriage may become subject to that new law, without prejudice to the rights of third parties.
Turkish original:
Evlilik malları
MADDE 15 – (1) Evlilik malları hakkında eşler evlenme anındaki mutad mesken veya millî hukuklarından birini açık olarak seçebilirler; böyle bir seçimin yapılmamış olması hâlinde evlilik malları hakkında eşlerin evlenme anındaki müşterek millî hukuku, bulunmaması hâlinde evlenme anındaki müşterek mutad mesken hukuku, bunun da bulunmaması hâlinde Türk hukuku uygulanır.
(2) Malların tasfiyesinde, taşınmazlar için bulundukları ülke hukuku uygulanır.
(3) Evlenmeden sonra yeni bir müşterek hukuka sahip olan eşler, üçüncü kişilerin hakları saklı kalmak üzere, bu yeni hukuka tâbi olabilirler.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the government bill’s reasoning, the article partly corresponds to Article 14 of the former Law No. 2675. The word “expressly” makes clear that a choice of law can only be made expressly. “Domicile” was replaced with “habitual residence”, and the words “at the time of the marriage” make clear that spouses have four options to choose from. The stated aim is a single system that does not change between the same spouses during the marriage. Where no choice is made, the former connecting factors of “common domicile” and “place where the assets are located” were dropped; because applying a separate law for each asset’s location could cause insoluble problems, the last step is Turkish law.
Explanation
The matrimonial property question usually comes up in two situations: in divorce proceedings, when one spouse claims a share of what was acquired during the marriage, and on death, when the surviving spouse’s property share is set aside before the estate is divided. In both, a Turkish court first uses Article 15 to decide whose property regime rules to apply.
The key words are at the time of the marriage. Both the laws you may choose and the fallback steps are fixed by nationality and habitual residence on the wedding day. Moving to another country or taking a new nationality later does not change the applicable law automatically; paragraph 3 deals with that.
If Turkish law applies and the spouses have not chosen another regime, the default regime is participation in acquired property (edinilmiş mallara katılma, Turkish Civil Code (TMK) Article 202). Income from work during the marriage is, as a rule, acquired property (TMK Article 219); what a spouse owned before the marriage or received without consideration, such as an inheritance, is personal property (TMK Article 220). On divorce the regime ends with effect from the date the case was filed (TMK Article 225), and each spouse is entitled to half of the other spouse’s net surplus (TMK Article 236). The liquidation follows the rules of the regime the spouses were under (TMK Article 179).
Article 15 covers assets only. The general effects of marriage fall under Article 13 and the grounds and other consequences of divorce under Article 14 MÖHUK. In one and the same case, the divorce may therefore be governed by one country’s law and the property division by another’s (see Article 14 MÖHUK).
What this means if you live abroad
Both spouses were Turkish citizens when they married. Without a choice of law, a Turkish court applies Turkish property law, wherever the wedding took place and wherever the couple moved afterwards. For dual nationals, Turkish citizenship counts (MÖHUK Article 4(1)(b); see Article 4 MÖHUK).
Different nationalities at the time of the marriage, for example where one spouse holds the Blue Card (Mavi Kart) and is only a German citizen: there is no common national law. If both lived in Germany when they married, German law applies as the law of the common habitual residence. For the content of German or Dutch property law, please consult a lawyer admitted in that country.
Property in Turkey. Under paragraph 2, immovable property is governed by the law of the place where it is situated when assets are liquidated. Even if another law governs the regime as a whole, Turkish law applies to a flat or plot of land in Turkey. It works the other way too: a Turkish court looks to German law for a house in Germany. The law does not spell out how far paragraph 2 reaches, in particular whether it affects only how the property itself is divided or also how the participation claim is calculated.
A marriage contract made in Germany or the Netherlands (Ehevertrag / huwelijkse voorwaarden). This question is disputed. There is no express provision in the law and no binding court decision on it; what follows is the author’s assessment. Agreeing on a particular regime (such as separation of property) is not the same as choosing a country’s law. Article 15 requires the choice to be made “expressly” but does not regulate its form. Whether a Turkish court will treat a foreign contract without an express choice-of-law clause as a choice depends on its actual wording. Under Turkish law, a marital property contract is drawn up or certified by a notary (TMK Article 205).
A new common law later on. Spouses who acquire the same nationality during the marriage may become subject to that new law, without prejudice to the rights of third parties (Article 15(3)). The law does not say expressly whether this requires a separate agreement or happens automatically; views differ on this point too.
Foreign judgments. A German or Dutch decision dividing property has effect in Turkey, for example in the land registry, only after recognition or enforcement (tanıma/tenfiz, MÖHUK Articles 50 ff.; see Article 50 MÖHUK). German and Dutch courts apply their own conflict rules and may reach a different law for the same marriage.
Frequently asked questions
Which law governs property division when a Turkish couple in Germany divorces?
Before a Turkish court, if there is no choice of law and both spouses were Turkish citizens when they married, Turkish law; the default regime is participation in acquired property (MÖHUK Article 15(1), TMK Article 202).
Is our flat in Turkey subject to Turkish law even if we divorce abroad?
From a Turkish court’s point of view, Turkish law applies to immovable property in Turkey when assets are liquidated (MÖHUK Article 15(2)). A foreign decision on it has effect in Turkey only after recognition or enforcement.
Does becoming a German citizen after the wedding change our property regime?
Not automatically; the article looks to the time of the marriage. Spouses who acquire a new common law may become subject to it, without prejudice to third parties’ rights (MÖHUK Article 15(3)).
Sources
Questions about your case
If you would like to discuss which country’s property law applies to your marriage on divorce or after a death, or how a marriage contract you signed abroad may be treated in Turkey, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for property claims under German or Dutch law, please consult a lawyer admitted there. Useful to have ready:
- the date of the marriage and both spouses’ nationality and country of residence on that date,
- a copy of any marriage contract,
- land registry details of property in Turkey.