On the death of a spouse, a surviving spouse who is a foreign national may be both the holder of a claim arising from the property regime and an heir. The basis and the calculation of these two capacities are different. First the law applicable to the matrimonial property regime and the liquidation claim are determined; then the inheritance rights are examined on the net estate that this calculation affects. The existence of a home in Türkiye does not mean that half of all the property automatically belongs to the surviving spouse. [1, 2]
This distinction is particularly important for families living abroad. The marriage may have been concluded in one country, the spouses may have acquired the citizenship of another country, and savings may be held in different banks. The land registry entry in Türkiye shows only the person who appears as owner; it does not by itself explain a claim arising from the marriage. Conversely, the share in the certificate of inheritance does not calculate the participation or increased-value share claim that the surviving spouse may assert separately. The file cannot be completed by starting from the list of heirs alone.
How are the property regime claim and the inheritance share distinguished?
The property regime governs how the values acquired by the spouses during the marriage are liquidated when the marriage ends. Inheritance law, on the other hand, determines to whom the transferable rights and debts of the deceased pass. When Turkish law applies, death ends the property regime. The surviving spouse’s claim arising from the liquidation affects the debt side of the estate account; if the deceased spouse has a claim against the surviving spouse, this too may be taken into account on the asset side of the estate. Liquidation is therefore not a one-way operation that works only in favor of the surviving spouse. [1]
Taking the claim into account in the estate account before the division of the inheritance does not by itself create an enforcement priority against all other creditors. Moreover, being a creditor of the surviving spouse is different from being the owner of an immovable. The participation claim is essentially a personal right of claim. For the land registry to be changed or for a particular asset to be allocated to the spouse, a suitable legal basis and a separate act are required. [5, 7]
| Right examined | Basic question | Effect on the file |
|---|---|---|
| Property regime claim | Who owes whom as a result of the liquidation of the marriage? | Changes the asset or liability side of the estate account. |
| Inheritance share | Who is an heir to the net estate, and in what proportion? | Affects the division that follows the liquidation and debt account. |
| Family home claim | Which special right over the home can be requested? | Usufruct, residence or, where the conditions are met, a claim for ownership is assessed separately. |
| Ownership in the land registry | Who is the registered owner and what is the ground of acquisition? | It is initial evidence; it does not replace the whole liquidation account. |
Which country’s law applies to a foreign spouse?
MÖHUK (Law No. 5718 on Private International and Procedural Law) Article 15 and Article 20 regulate different questions. For the property regime, under Article 15, it is examined whether the spouses expressly chose either the law of their habitual residence at the time of marriage or one of their national laws. If there is no valid choice, the common national law at the time of marriage applies; if there is none, the law of the common habitual residence at that time; and if there is none, Turkish law. Citizenship acquired later does not by itself change the original connecting factor; a new choice of common law under Article 15/3 and the rights of third parties are assessed separately. [2, 3]
In the liquidation of the property regime, as to immovables, Article 15/2 provides for the law of the country where the immovable is located. In addition, inheritance is, as a rule, subject to the national law of the deceased; for immovables in Türkiye, Turkish law applies. Article 20/2, concerning the grounds for the opening of succession and its acquisition and division, is also taken into account separately. In the same file, the questions concerning the marriage claim, heirship and the transfer of a particular asset may be resolved under different rules. [2, 3]
For example, spouses who were citizens of the same foreign state when they married may have an immovable in Türkiye and bank savings in another country. The examination cannot be carried out by putting all the assets into the share table of a single country. Citizenship and the center of life at the time of marriage, the contract if there is one, and the type and location of each asset are recorded separately. The judge investigates the content of foreign law on the court’s own motion and may request help from the parties. The text of foreign law should not be reduced to a merely translated internet article. [2]
How is the account set up under the Turkish regime of participation in acquired property?
If Turkish law and the regime of participation in acquired property apply, the first task is to separate the assets into personal property and acquired property. Assets owned before the marriage and values acquired by inheritance or gift are, as a rule, personal property. Acquisitions in return for work and the income of personal property may, within the principles of the law, enter the acquired property account. Arrangements made by a valid contract and values that replace an asset are examined separately. [1]
The acquisition of an immovable during the marriage does not by itself show that its entire price is acquired property. The down payment may have been met from earlier personal savings, and the remaining price from wage income or a loan. Showing that money received by inheritance entered a bank account, was then transferred to another account and was used to buy the home is done through a chain of documents. The burden of proof of the party claiming personal property and the presumption of acquired property are assessed within the framework of TMK Art. 222. [1]
After the debts relating to the acquired property of each spouse, equalization, values to be added back and, if any, the share in increased value have been examined, the residual value is found. As a rule, the other spouse or that spouse’s heirs are entitled to half of this residual value; mutual claims are set off. However, a valid property regime contract or the concrete legal situation may change the calculation. For this reason, the sentence “half of the house belongs to the spouse” is not a reliable substitute for a detailed calculation. [1]
Are the date of death and the valuation date the same?
Death is the key date in determining which assets fall within the scope of liquidation. In addition, in the valuation of acquired property, the rules of TMK Art. 232 and Art. 235 on the sale value and on the moment of liquidation are taken into account. It is not correct to calculate the bank balance on the date of death and an immovable valued years later by the same method. In an expert examination, the legal nature of the asset, the source of acquisition, the remaining debt and the valuation date used must be stated clearly. [1]
What changes for those who married before 2002?
If the marriage was concluded before January 1, 2002, the whole period of the marriage is not automatically treated as subject to today’s statutory regime. The transitional provision in Article 10 of Law No. 4722, the earlier regime and any contracts made are examined. In suitable cases, a contribution before 2002 and the participation claim for the later period may be calculated on different principles. Where there is a foreign element, it must first be determined whether Turkish law is applicable for the relevant period. [5, 6]
How is the inheritance share calculated after the claim is paid?
The following example explains only the method: Turkish law applies, the deceased’s entire estate has a value of 6 million TL in the liquidation account, the surviving spouse’s final net liquidation claim is 2 million TL, and there is no other debt, expense or claim. On this assumption the distributable estate is 4 million TL. If the surviving spouse is an heir together with two children, under TMK Art. 499 the spouse receives one quarter of the estate, that is, 1 million TL, as an inheritance share. Each of the two children receives 1.5 million TL. [1]
The spouse’s obtaining a total of 3 million TL in this example does not mean that in every case the spouse will receive half of the total assets. The source of the first 2 million TL is the liquidation of the marriage, and the source of the next 1 million TL is the inheritance. If there are personal assets of the deceased, the surviving spouse’s own acquired property, other debts, a will or different heirs, the result changes. The example cannot be used in place of a valuation or inheritance share calculation for a real file.
Is it possible to leave the family home to the surviving spouse?
Under Turkish law, TMK Art. 240 allows the surviving spouse, so that the spouse can continue the former way of life, to request a right of usufruct or residence over the home in which the spouses lived together and which belonged to the deceased spouse, set off against the participation claim and, where necessary, with an additional payment. If there are justified reasons, a claim for ownership may also arise under the conditions in the law. The provision on household goods and the exception for areas needed for a profession or trade are assessed separately. [1]
TMK Art. 652, on the other hand, is the allocation provision in the division of an inheritance. The calculation under this route, based on the inheritance share, should not be confused with the calculation under Art. 240, based on the participation claim. Neither article leads to the result that “when a spouse dies, the home automatically becomes the other spouse’s.” For a foreign spouse, special restrictions on acquiring immovable property are also investigated separately; having a claim does not remove every obstacle to acquiring title in the land registry. [1, 5]
In its decision of June 10, 2014, E.2014/2640, K.2014/11919, the Court of Cassation 8th Civil Chamber (Yargıtay 8. Hukuk Dairesi) examined together the property regime ending by death, the contribution from personal property and the allocation of the family home. The decision shows that the surviving spouse’s property regime claim is separate in nature from the inheritance share. The conditional granting of ownership before the proper calculation and payment of the amount due were completed was also assessed among the grounds for reversal. This decision is not a general rule ordering that every family home be transferred to the surviving spouse. [5]
Which documents should be prepared, and against whom should the claim be brought?
Document collection should be based on a chronology together with a list of assets. The marriage, changes of citizenship, places of residence, acquisitions of property and the date of death are compared in the same file. Obtaining only the current land registry record may not be enough to explain the source of financing years earlier. Bank movements and sale and loan documents must confirm one another.
| Group of documents | Matter it clarifies | Practical check |
|---|---|---|
| Marriage, death and citizenship records | Family status and applicable law | The situation at the time of marriage in particular is documented. |
| Property regime or choice-of-law contract | Scope and validity of the contract | The original text, date, form and translation are examined together. |
| Land registry, bank and loan records | Acquisition, source and remaining debt | The payment chain at the date of purchase is established. |
| Inheritance and gift documents | Defense of personal property | The link between the money and the property later acquired is shown. |
| Certificate of inheritance and representation documents | Persons against whom the claim is to be directed | A conflict of interest with a minor heir is reviewed separately. |
The surviving spouse may assert his or her own liquidation claim against the other heirs; the deceased’s heirs may also pursue the deceased’s right arising from the liquidation. Directing the claim only at an easily reachable person without determining the identities of the heirs, their declarations of disclaimer and the situation of representation may lead to an incomplete file. If the interests of the surviving parent and the minor child conflict, the child’s representation must be resolved separately. [1, 5]
Competent court, international jurisdiction and time limits
A family law dispute arising from the liquidation of the property regime and the division of an inheritance are not the same type of action. A property regime claim is assessed within the subject-matter jurisdiction of the family court, while the division of an inheritance and certain allocation claims are subject to their own procedural rules. International jurisdiction is determined separately from the applicable law. The application of Turkish law does not make every Turkish court competent. MÖHUK Art. 40, the relevant special provisions and TMK Art. 214 are examined together. [1, 2, 7]
In termination by death, TMK Art. 214 ties jurisdiction to the deceased’s last place of residence. Where the spouses lived abroad and only assets are located in Türkiye, it becomes significant whether the claim is a personal claim or a right in rem. No undisputed place-of-jurisdiction result should be drawn for all property regime claims merely because the immovable is in Türkiye. The abstract of the 2026 study by Altıntaş Açıkgöz also shows that this jurisdiction problem must be examined separately, particularly for liquidations linked to a divorce abroad. [7]
For a participation claim under a regime ending by death subject to Turkish law, the general ten-year limitation framework is taken into account. However, where foreign law applies to the claim, the period is also subject to the relevant law under MÖHUK Art. 8. The periods for special claims against third parties may not be the same. In addition, waiting for the liquidation action does not by itself suspend or restart the time limit for disclaiming the inheritance. [1, 2, 4]
The decision of the Court of Cassation 8th Civil Chamber of June 3, 2015, E.2014/5326, K.2015/12307, shows the importance of the common national law at the time of marriage. The case concerns not a death but a foreign divorce judgment; the dismissal rendered because recognition was not obtained despite the time given by the court was upheld. The procedural outcome of the decision concerning divorce cannot be carried over unchanged to a death file; the aspect used here is the examination of the date and choice of law under MÖHUK Art. 15. [6]
Conclusion
To determine a foreign spouse’s rights, first the property regime claim and the inheritance share must be separated, and then the law applicable to each must be identified. Distributing shares only on the basis of the land registry value, before the account of personal property, acquired property, debts and mutual claims is clear, gives an incomplete result. The family home claim, jurisdiction and disclaimer time limits should also be handled together with this account, but within their own rules.
Related articles: Inheritance Rights of the Surviving Spouse: Liquidation of the Property Regime, Participation Claim and the Family Home; Effect of a Divorce Abroad on Inheritance in Türkiye: Recognition, Registration and the Position of the Former Spouse; Death of a Spouse During Pending Divorce Proceedings: Heirship, Determination of Fault and Liquidation of the Property Regime
Frequently Asked Questions
Can a foreign spouse claim a participation claim in Türkiye?
Foreign citizenship is not an obstacle by itself. First the law applicable to the property regime is determined, then the conditions of the claim and the jurisdiction of the Turkish courts. [2]
Does the spouse’s share in the certificate of inheritance show all rights?
No. The inheritance share in the certificate does not calculate the separate claim that may arise from the property regime. The claim and the net estate are calculated separately. [1]
Is a home that the deceased spouse inherited from his or her family shared?
Under the Turkish regime of participation in acquired property, a home acquired by inheritance is, as a rule, personal property. Its income, the other spouse’s contribution and its place in the division of the inheritance are assessed separately. [1]
Does a non-working spouse have a participation claim?
The participation claim is not tied only to direct wage contributions. If the Turkish statutory regime applies, the right over the residual value is examined under the statutory liquidation principles. [1]
Does disclaiming the inheritance also remove the property regime claim?
The personal property regime claim and heirship are different. Disclaimer does not mean an automatic waiver of this claim; however, the nature of the transactions and the rule against conduct amounting to acceptance of the inheritance must be assessed together. The disclaimer time limit should not be left until the end of the liquidation. [1]
Is the family home registered directly in the surviving spouse’s name?
Not automatically. Under TMK Art. 240 or Art. 652, the claim, the set-off and, where necessary, the conditions for payment of a price are examined. [1, 5]
Does it change the result if all the property is registered only in the deceased spouse’s name?
The registration shows ownership; the personal or acquired nature of the asset, its financing and the other spouse’s claim are investigated separately. The land registry record alone does not complete the liquidation account. [1]
Can the process be carried out from abroad without coming to Türkiye?
With a suitable power of attorney and properly prepared foreign documents, many procedures can be followed through a representative. Whether any procedure requires personal attendance is determined according to the authority applied to and the file.
Sources
[1] Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu), in particular Arts. 202, 214, 219–241, 499, 605–610 and 652.
[2] Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Arts. 1–2, 8, 15, 20 and 40.
[3] Ministry of Justice: PDF text of Law No. 5718, relevant connecting rules; dated official copy.
[4] Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu), Art. 146; together with TMK Art. 5 and MÖHUK Art. 8.
[5] Court of Cassation (Yargıtay) 8th Civil Chamber, 10.06.2014, E.2014/2640, K.2014/11919, full text of the decision.
[6] Court of Cassation (Yargıtay) 8th Civil Chamber, 03.06.2015, E.2014/5326, K.2015/12307, full text of the decision.
[7] Elif Hande Altıntaş Açıkgöz, Yabancı Unsurlu Mal Rejiminin Tasfiyesinde Milletlerarası Yetki Sorunu ve Bir Çözüm Önerisi (The Problem of International Jurisdiction in the Liquidation of a Property Regime with a Foreign Element and a Proposed Solution), Adalet Dergisi, no. 76, 2026; abstract and citation.