Property Division for Foreign Spouses Divorcing in Turkey

The legal side of divorce — perhaps even more so than the emotional — concerns spouses with a single question: property division. In divorces of foreign-national spouses in Turkey, in addition to Turkish law, factors such as the spouses' nationality, where the marriage was performed, and where the property is located must also be considered. The observations of our law firm, which has managed many international divorce files in Antalya including the property division dimension, are presented in this guide.

Marital Property Regimes Under Turkish Law

Under Turkish law, marital property regimes follow the regime of participation in acquired property unless spouses have agreed otherwise by contract. Spouses may, before marriage or during marriage, choose another property regime through a notary:

• Participation in acquired property (statutory regime),
• Separation of property,
• Shared separation of property,
• Community of property.

In the absence of an agreement, the regime of participation in acquired property applies.

The Regime of Participation in Acquired Property

Under this regime:

• Acquired property: Property the spouse obtains through work or with earned values during the marriage. Items such as salary, rental income, social security benefits, and compensation for loss of earning capacity fall in this category.
• Personal property: Property the spouse owned before marriage; property acquired during marriage through gift or inheritance; personal-use items; non-pecuniary compensation; amounts received in exchange for personal property.

Division at divorce is over only the half of acquired property. Personal property is not subject to division.

Division of Property a Foreigner Acquired in Turkey

Real estate acquired by foreign spouses or by both during marriage is most often the subject of property division in Antalya. Typical scenarios:

Scenario 1: Property Registered in One Spouse's Name

A property may have been purchased during marriage in one spouse's name. The property is considered acquired property, and the other spouse has a claim of participation. The other spouse, while not a half-owner of the property, has a monetary claim equal to half its value.

Scenario 2: Property Jointly Owned by Both Spouses

When the title shows both spouses as joint owners, division is simpler. In joint ownership, each spouse owns their share.

Scenario 3: Assets Located Abroad

One spouse may have assets in their home country or another country. The Turkish court generally rules over assets within its jurisdiction; for assets abroad, foreign court assistance may be needed. A division decision rendered by a foreign court will require recognition/enforcement procedure to be valid in Turkey later.

Which Law Applies

For foreign spouses, which country's law applies to the property regime is determined by international private law rules. The general rule:

• The spouses' common nationality law,
• Failing that, the common habitual residence law,
• Failing that, Turkish law.

For foreign spouses living together for years in Antalya with a shared home, Turkish law is likely to apply.

Determining the Property Regime by Contract

Spouses may, before marriage or during marriage, choose a different regime through a property regime contract. This contract:

• Must be made before a notary,
• Spouses' will must not be defective,
• May be subject to judicial review if extreme imbalance exists between spouses' assets.

Important: Pre-marital agreements made in some foreign countries (prenups) are evaluated separately under Turkish law; they may not be directly enforceable.

Suspicion of Asset Concealment Before Divorce

A common concern is that a spouse may transfer assets to third parties during the divorce process. Against this:

• Provisional measures: Court can place provisional injunction on real estate,
• Reversal of bad-faith transfers: When fraud is detected related to divorce, the transfer can be cancelled.

If asset-concealment risk exists before divorce filing, requesting measures upon filing is a protective step.

Contribution Claim

In addition to participation in acquired property, if one spouse has contributed to the other spouse's personal property (e.g., funded improvements to a pre-marital home), a contribution claim may be raised. This requires separate calculation.

Family Home Annotation

Under Turkish law, real estate used as family home during the marriage cannot be sold or mortgaged without the non-owner spouse's consent. This protection:

• Is reinforced by placing family home annotation at the title,
• Requires the other spouse's consent during divorce even though title is in one spouse's name,
• Improper transactions on the family home are cancelled.

In Antalya, placing family home annotation on residences foreign spouses live in is an important tool for protection.

Trial and Proof

In property division, burden of proof is on the claimant:

• The party claiming property is acquired must prove it,
• The party claiming property is personal must prove it,
• Bank records, title records, sale contracts, inheritance documents serve as evidence.

Presumption: Unless proven otherwise, property obtained during marriage is presumed acquired property.

Legal Support

In divorces of foreign spouses in Antalya, MONA HUKUK conducts property division processes from start to finish: from imposing measures to property regime liquidation, from contribution claims to recognition/enforcement procedures, our internationally-experienced team is at your side at every stage.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.