Matrimonial Property and Prenuptial Agreements in Turkey: A Guide for International Couples

Unless spouses agree otherwise, marriages in Turkey (Türkiye) are subject to the regime of "participation in acquired property": each spouse keeps ownership of their own assets, but when the marriage ends each is entitled to half of the net value of what the other acquired for value during the marriage. Assets owned before the wedding, inheritances and gifts stay out of the calculation. Spouses can choose a different regime — most commonly separation of property — by a contract made before a notary, before or after the wedding (Civil Code, Art. 202–205). For international couples, the regime may be governed by a foreign law, which they can choose expressly (Law No. 5718, Art. 15).

This guide explains the default regime and how the claim is calculated, the alternative regimes, how a prenuptial or postnuptial agreement is made, which law applies to couples of different nationalities, and how property claims are pursued on divorce or death.

• Default regime: participation in acquired property (Art. 202).
• Acquired property: what a spouse obtains for value during the regime — earnings, social security payments, income from personal property (Art. 219).
• Personal property: items for personal use, assets owned at the start, inheritances and gifts, compensation for moral damage, and substitutes for these (Art. 220).
• Presumption: all of a spouse's assets are acquired property until the contrary is proved (Art. 222).
• Claim: half of the other spouse's surplus (Art. 236).
• Agreement: notarial contract, or written declaration at the marriage application (Art. 205).
• International couples: express choice of law possible; immovables are liquidated under the law of their location (Law No. 5718, Art. 15).

Legal status of this guide. It reflects the Turkish Civil Code (No. 4721) and Law No. 5718 as currently in force. The statutory regime applies to property acquired from 1 January 2002; marriages concluded earlier were subject to separation of property until that date. Time limits for bringing claims derive in part from case law. Last updated: October 2026.

In this guide

• The default regime in outline
• Acquired property and personal property
• How the claim is calculated
• Contributions to the other spouse's assets
• The alternative regimes
• Prenuptial and postnuptial agreements
• International couples: which law?
• The family home
• Bringing the claim: divorce and death
• Protecting your position during the marriage
• Frequently asked questions

The default regime in outline

The Civil Code provides that the regime of participation in acquired property applies between spouses as the rule, and that spouses may adopt one of the other regimes provided by law through a matrimonial property contract (Art. 202). Three ideas define the default regime:

• Separate ownership during the marriage. Each spouse owns, manages and disposes of their own assets. There is no joint ownership merely because the couple are married; an apartment registered in one spouse's name belongs to that spouse.
• A money claim at the end. When the regime ends — by divorce, annulment, death or a change of regime — each spouse has a claim against the other for a share in the value built up during the marriage. It is a claim for payment, not a right to the asset itself.
• Two masses. The regime comprises each spouse's acquired property and each spouse's personal property (Art. 218). Only acquired property is shared.

Acquired property and personal property

Acquired property (shared in value)	Personal property (not shared)
Assets obtained for value during the regime (Art. 219)	Items serving exclusively one spouse's personal use (Art. 220)
Earnings from work	Assets belonging to a spouse at the start of the regime
Payments by social security and social assistance institutions and staff funds	Assets later acquired by inheritance or otherwise without consideration — gifts
Compensation for loss of working capacity	Claims for compensation for moral damage
Income from personal property — rent, interest, dividends	Assets that replace personal property
Assets that replace acquired property

Two rules of evidence shape most disputes (Art. 222):

• whoever claims that a particular asset belongs to one spouse must prove it; an asset whose ownership cannot be proved is deemed co-owned;
• all of a spouse's assets are deemed acquired property until the contrary is proved.

So the spouse who says "I bought this with money I had before the marriage" or "with my inheritance" must prove it — with bank records, the title deed history, the inheritance documents. Without proof, the asset is treated as acquired and its value is shared.

Note the position of income: rent from an apartment inherited by one spouse is acquired property, even though the apartment is personal. Spouses may agree by contract that income from personal property shall not be acquired property, and that assets used for a profession or business shall be personal property.

How the claim is calculated

1. Identify each spouse's acquired property at the end of the regime.
2. Add back certain disposals (Art. 229): gratuitous transfers made in the year before the regime ended without the other spouse's consent, other than customary gifts; and transfers made during the regime with the intention of reducing the other spouse's participation claim.
3. Deduct the debts relating to the acquired property.
4. The result is that spouse's surplus (artık değer); a deficit is treated as zero (Art. 231).
5. Valuation. Acquired property existing when the regime ends is valued as at the time of liquidation — in practice, close to the date of judgment — while assets to be added back are valued as at the date of transfer (Art. 235).
6. Each spouse is entitled to half of the other's surplus; the two claims are set off against each other (Art. 236(1)).

Example. During the marriage one spouse acquired, from earnings, an apartment and savings with a net value of 10 million lira; the other acquired savings of 2 million lira. The first owes half of 10 million — 5 million; the second owes half of 2 million — 1 million. After set-off, the first pays the second 4 million lira. If the first spouse's apartment had instead been bought with inherited money and that can be proved, it is personal property and falls outside the calculation.

Fault. In a divorce on the ground of adultery or attempt on life, the judge may equitably reduce or remove the share of the spouse at fault in the surplus (Art. 236(2)). Fault is otherwise irrelevant to the division of property; it matters for compensation and maintenance instead.

When the regime ends. On divorce, the regime is treated as having ended on the date the divorce case was filed, so assets acquired after filing are not shared, while the assets are valued at the later liquidation date.

Contributions to the other spouse's assets

Where one spouse has contributed to the acquisition, improvement or preservation of an asset belonging to the other, without receiving any or adequate consideration, that spouse has a claim, on liquidation, to a share of the increase in value of the asset in proportion to the contribution, calculated on the asset's value at the time of liquidation; if the asset has lost value, the original value of the contribution is taken (Art. 227).

This is the remedy where, for example, one spouse's pre-marital savings or inheritance — personal property — paid for part of an apartment registered in the other's name. It is distinct from, and additional to, the participation claim. It depends entirely on proof of the contribution: transfers between accounts, loan records, sale of the contributing spouse's own asset.

The alternative regimes

Regime	Essence	Typical use
Separation of property (mal ayrılığı)	Each spouse retains management, use and disposal of their own assets (Art. 242); nothing is shared when the marriage ends	Entrepreneurs; second marriages; couples who wish to keep finances wholly separate
Separation of property with sharing (paylaşmalı mal ayrılığı)	Separate ownership (Art. 244), but assets acquired after the regime begins and dedicated to the family's common use, and investments intended for the family's economic future, are shared equally at the end	Couples who want to share the family home and savings but not businesses
Community of property (mal ortaklığı)	Assets designated as common belong to both spouses jointly	Rare

A court may also, at one spouse's request and for good cause, convert the existing regime into separation of property — for example where the other spouse is over-indebted or has endangered the applicant's interests (Art. 206).

Prenuptial and postnuptial agreements

A matrimonial property contract may be made before or after the marriage. The parties may choose, cancel or change their regime only within the limits set by law (Art. 203) — they select from the statutory regimes and may adjust them where the Code allows; they cannot design an entirely new one.

• Form. The contract is made before a notary, in the form of a notarial deed or a notarised document. Alternatively, the parties may declare in writing, at the time of the marriage application, which regime they have chosen. The contract must be signed by the parties and, where necessary, their legal representatives (Art. 205).
• Capacity. Only persons with capacity of judgment may enter into it; minors and persons under guardianship need their legal representatives' consent (Art. 204).
• What it can do. Choose separation of property or another regime; within the participation regime, change the half-share, exclude business assets and the income of personal property from acquired property, and record which assets each spouse brings into the marriage.
• What it cannot do. Waive maintenance or custody in advance, fix divorce compensation, or regulate inheritance in a way that infringes reserved shares. Clauses on these matters do not bind a Turkish court, which decides them when the question arises; agreements on the consequences of divorce need the judge's approval (Art. 184(5)).
• Effect of a change. A regime chosen after the wedding applies for the future; the previous regime is liquidated for the period up to the change unless the contract provides otherwise within the limits of the law.
• Foreign-language parties. The notary uses a sworn interpreter. Keep a certified translation with your papers.

An inventory of each spouse's assets at the date of marriage, drawn up as an official document, is the simplest way to avoid the burden of proof described above.

International couples: which law?

Article 15 of Law No. 5718 determines the law governing matrimonial property:

1. The spouses may expressly choose one of: the law of their habitual residence at the time of the marriage, or the national law of either of them at that time.
2. If no choice has been made: their common national law at the time of the marriage;
3. failing that, the law of their common habitual residence at the time of the marriage;
4. failing that, Turkish law.

Two further rules apply. In the liquidation of the property, immovables are subject to the law of the country where they are located (Art. 15(2)) — so real estate in Turkey is liquidated under Turkish law whichever law governs the rest. And spouses who acquire a new common law after the marriage may submit to that new law, without prejudice to the rights of third parties (Art. 15(3)).

What this means in practice:

• Two spouses of the same foreign nationality who made no choice are subject to their national law's regime, even if they live in Turkey — except for Turkish real estate.
• A foreigner and a Turkish citizen who lived in Turkey when they married are subject to Turkish law as the law of common habitual residence.
• A couple who married and lived abroad and later moved to Turkey may still be governed by the foreign law of the time of the marriage — a point often overlooked until divorce.
• A prenuptial agreement made abroad is assessed under the law governing the regime; it should state the chosen law expressly and comply with the form requirements of that law or of the place where it was made. Clauses contrary to Turkish public order are not applied.

An express, written choice of law — made in the prenuptial agreement or separately — removes most of this uncertainty and is strongly advisable for couples with assets in more than one country.

The family home

Whatever the regime, and whoever owns or rents it, the family home is specially protected (Art. 194):

• a spouse may not terminate the lease of the family home, transfer the home, or restrict rights over it — for instance by mortgage — without the other spouse's express consent;
• a spouse who cannot obtain consent, or is refused it without good reason, may ask the judge to intervene;
• the spouse who is not the owner may ask the land registry to enter a family-home annotation on the register;
• if the home is rented by one spouse, the other may become a party to the lease by notifying the landlord.

The annotation is not a condition of the protection, but it prevents a buyer or lender from claiming to have acted in good faith. A non-owner spouse should request it at the first sign of difficulty.

Bringing the claim: divorce and death

• On divorce. The regime is liquidated under the rules of the regime the spouses were subject to (Art. 179). The property claim is normally brought as a separate case before the family court, which waits for the divorce to become final. It can be settled in the divorce protocol in an uncontested divorce — in which case the protocol should say clearly that all matrimonial property claims are settled.
• Time limit. Claims arising from the liquidation of the regime are subject to limitation; under current case law the period is ten years from the date the divorce becomes final. Do not rely on the outer limit: evidence deteriorates and assets move.
• Evidence. Land registry and vehicle records, bank and investment account histories, company records, payroll and social security records, loan files, and expert valuation. The court obtains records from institutions on request, including for assets already transferred.
• Interim protection. To prevent assets being disposed of during the case, the court can order a precautionary injunction on real estate, vehicles and accounts.
• On death. The regime is liquidated first: the surviving spouse's participation claim is a debt of the estate, and only what remains is divided among the heirs. The survivor may ask to be allocated ownership or a right of use of the family home on account of the claim. For real estate in Turkey the inheritance shares themselves are governed by Turkish law, whatever the spouses' nationality.
• Payment. The claim is paid in money; payment in kind requires agreement. The court may grant time to pay where immediate payment would cause serious difficulty.

For the divorce itself, see divorce in Turkey for foreigners.

Marrying, divorcing or reorganising your assets in Turkey? Tell us both spouses' nationalities, where and when you married, and what you own in Turkey. Message Yayla Law on WhatsApp or use the contact form. Which law governs your property regime is the first question to settle.

Protecting your position during the marriage

1. Document what you bring in. Bank statements and title deeds as at the wedding date; an inventory.
2. Keep inheritances and gifts traceable. Hold them in a separate account; when you use them to buy an asset, pay from that account and keep the records.
3. Record contributions to assets in your spouse's name — transfers with clear descriptions.
4. Register the family-home annotation if the home is in your spouse's name.
5. Make an express choice of law if you are an international couple.
6. Review after major events — a move to another country, starting a business, an inheritance.
7. If divorce is approaching, obtain copies of financial records before filing and consider interim measures.

Frequently asked questions

How is property divided on divorce in Turkey?

Under the default regime, each spouse keeps their own assets but owes the other half of the net value of what they acquired for value during the marriage. Assets owned before the marriage, inheritances and gifts are personal property and are not shared.

Does Turkey recognise prenuptial agreements?

Yes, in the form of a matrimonial property contract by which the spouses choose one of the regimes provided by law. It must be made before a notary, or the regime may be declared in writing at the marriage application. It cannot settle maintenance, custody or divorce compensation in advance.

Can we sign a property agreement after the wedding?

Yes. A matrimonial property contract can be made before or after the marriage. A change of regime applies for the future, and the earlier regime is liquidated for the period before the change.

Is property bought before marriage shared?

No. Assets belonging to a spouse at the start of the regime are personal property. But all of a spouse's assets are presumed to be acquired property unless the contrary is proved, so keep evidence of what you owned before the wedding.

Is an inheritance shared with my spouse?

No. Assets acquired by inheritance or as a gift are personal property. Income from them — rent or interest — is acquired property unless excluded by contract.

Which country's law applies to our property if we have different nationalities?

The law you expressly chose from among those permitted; otherwise your common national law at the time of the marriage, failing which the law of your common habitual residence at that time, failing which Turkish law. Real estate is liquidated under the law of the country where it is located.

The house is in my spouse's name. Do I have any rights?

Yes. If it was acquired for value during the marriage, you have a claim to half of its net value on divorce or death; if you contributed from your personal funds, a further claim for your share of the increase in value. As the family home, it cannot be sold or mortgaged without your consent.

Does adultery affect the division of property?

In a divorce on the ground of adultery or attempt on life, the judge may equitably reduce or remove the share of the spouse at fault in the other's surplus. Otherwise fault does not affect the property division.

How long do I have to claim my share after divorce?

Under current case law, ten years from the date the divorce becomes final. Claims are best brought promptly, with a request for interim measures to prevent assets being transferred.

Legal basis and sources

• Turkish Civil Code No. 4721, Articles 179, 184, 194, 202–207, 218–244 — official consolidated text at mevzuat.gov.tr.
• Act on Private International and Procedural Law No. 5718, Article 15.
• Law No. 4722 on the Entry into Force and Implementation of the Turkish Civil Code (transitional rule for marriages before 2002).

This article provides general legal information on Turkish law as of October 2026. It is not legal advice. Where a foreign law governs your property regime, its content must be established for your case.