Dividing matrimonial property (common property) is one of the most critical aspects of divorce proceedings. This article will explore how matrimonial property is divided under Turkish law, what constitutes matrimonial property, and the rights of each spouse during the division process.
1. Understanding Matrimonial Property
Matrimonial property refers to all the assets acquired by spouses during the course of their marriage. Turkish Civil Code provides a legal regime for the management and division of such assets upon divorce. The standard property regime in Turkiye is “participation in acquired property” (*), which means that both spouses are entitled to a share of the assets acquired during the marriage.
Some key points include:
2. Legal Framework for Division of Matrimonial Property
The legal regime governing matrimonial property in Turkiye is primarily based on the Turkish Civil Code (Article 202 and following). According to the law, spouses have the freedom to choose between several property regimes, such as:
If no specific agreement is made, the default regime of participation in acquired property applies.
3. Methods of Dividing Matrimonial Property
The division of matrimonial property involves evaluating and splitting the assets acquired during the marriage. Here are the steps involved:
Identifying the Assets: The first step is to determine which assets are classified as acquired property and which are personal property. Any assets gained before marriage, gifts, and inheritances are usually considered personal property and remain with the original owner.
Valuation of Assets: The assets are then evaluated. This includes the family home, vehicles, business interests, savings accounts, and any investments. Both spouses may hire appraisers to estimate the value of key assets.
Debt Considerations: Debts acquired during the marriage are also considered. If the couple has joint liabilities, those will typically be subtracted from the total value of the matrimonial property before it is divided.
Division of the Property: After the assets have been evaluated, each spouse is entitled to half of the value of the acquired property. However, this does not necessarily mean that each spouse receives half of each asset; instead, the total value is considered, and the assets are distributed accordingly.
4. Spouses’ Rights in the Division of Matrimonial Property
Spouses have several key rights during the division of matrimonial property:
Right to a Fair Share: Each spouse has the right to receive an equal share of the acquired property unless they have agreed to a different property regime. Even in cases where one spouse earned more than the other, both are considered equal participants in the marriage and are entitled to half the acquired property.
Right to Retain Personal Property: Assets that are considered personal property—such as gifts, inheritances, or property owned before the marriage—remain with the spouse who owns them.
Right to Compensation: If one spouse has contributed to the personal property of the other (such as renovating a house owned by the other spouse), they may be entitled to compensation for their contribution.
Right to Legal Protection: Spouses have the right to request the court’s protection if they suspect that the other spouse is attempting to hide or transfer assets to avoid division. Courts can issue injunctions to prevent the sale or transfer of property during divorce proceedings.
5. Impact of Prenuptial Agreements on Property Division
In some cases, spouses may have signed a prenuptial agreement before getting married. For details of this subject, please check our article “Prenuptial Agreements in Turkiye: Protecting Assets Before Marriage”. A prenuptial agreement allows spouses to choose a different property regime than the default regime of participation in acquired property. For example, they can opt for separation of property, which would mean that each spouse retains ownership of their individual assets without sharing them.
The existence of a prenuptial agreement can significantly impact how the assets are divided. If such an agreement is valid and enforceable, the court will follow its provisions when dividing the property.
6. Exceptions to Equal Division
While the general rule is equal division of acquired property, there are exceptions. For example, if one spouse is found to be at fault for the breakdown of the marriage (for example, due to adultery or abandonment), this may influence how the property is divided. Although Turkish courts do not always penalize fault in divorce, extreme cases may lead to unequal division. For further details, please check our article “Divorce on the Grounds of Adultery (Cheating)”.
Other exceptions to equal division may vary from case to case, so specific analysis is recommended for specific situations.
7. How the Family Home is Treated
The family home is often one of the most contested assets in a divorce. If the home was acquired during the marriage, it is considered part of the matrimonial property and subject to division. However, the court may allow one spouse to retain exclusive use of the home, especially if children are involved.
If the family home was owned by one spouse before the marriage, it may be considered personal property, although the non-owning spouse may still claim compensation for their contributions, such as paying the mortgage or making improvements.
8. Resolving Disputes and Mediation
Disputes over the division of matrimonial property can be highly contentious, but Turkish law encourages spouses to resolve these disputes through mediation before proceeding to litigation. Mediation allows spouses to negotiate the division of assets in a less adversarial setting and often leads to quicker, more amicable settlements.
If mediation is unsuccessful, the court will decide on the division of property based on the facts presented by both parties. During this process, it’s important to have legal representation to ensure that your rights are protected.
For details of this subject, please check “Mediation” category of our Publications page.
9. Rightful Grounds for a Divorce
What issues or behaviors can be addressed as grounds for a divorce? Please check our “Grounds for Divorce in Turkiye” article.
10. Methods and Process of a Divorce
For methods and process of a divorce, we recommend you to read our article “Divorce in Turkey: Process, Tips and Consequences”.
(*) In Turkish: Edinilmiş Mallara Katılma Rejimi
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