Living together without marrying does not by itself establish the matrimonial property regime of participation in acquired property between the parties. For this reason, it is not correct to demand half of every asset upon separation, or to claim a participation claim merely because of the relationship. However, property purchased jointly, money sent to be returned, a payment made for a specific purpose and a contribution directed to the other party do not remain outside legal scrutiny. The claim is determined not by the name of the relationship but by the nature of the specific transaction.
What distinction is made if there is no valid marriage?
The provisions of the Turkish Civil Code on the property regime between spouses and the contractual and ownership relations of persons who live together are separate matters. The existence of a common child or a long relationship does not, by itself, give rise to a statutory property regime. If the parties married later, transactions before and after the marriage are examined separately according to their own periods. [1]
If the effect in Türkiye of a marriage concluded in a foreign country is in dispute, the legal status of that marriage must first be assessed. Such a relationship should not be called a relationship outside marriage directly on the basis of its appearance in the Turkish population registry alone.
Which legal claim can a money or labor contribution be based on?
| Actual nature of the relationship | Claim to be examined | Determining question |
|---|---|---|
| Joint entitlement in the land registry or another record | Ownership and dissolution of the co-ownership | What is the registered share and the scope of the right? |
| Money given to be repaid | Loan or another contractual claim | On which agreement is the obligation to return based? |
| A payment made for a specific purpose where the purpose is not realized | Unjust enrichment, depending on its conditions | What is the legal ground of the payment and the expected purpose? |
| Contributions combined for a common economic purpose | A simple partnership (adi ortaklık) relationship and its liquidation, if its conditions exist | Is there a common purpose, a contribution and an intention to act together? |
| A valid and finalized gratuitous transfer | The provisions on gifts and the special conditions for revocation | Is there really an obligation to return? |
These routes cannot be used interchangeably at random. The provisions of the Turkish Code of Obligations on contracts, gifts, loans, unjust enrichment and the simple partnership provide for different conditions. The same payment should not be asserted at once to be a gift, a loan and partnership capital without explaining the underlying facts. [2]
Does a bank receipt (dekont) conclusively prove that money was lent?
A receipt shows the transfer; it does not always show its legal ground on its own. The description, correspondence, the conduct of the parties, repayments and the agreement before the transaction are evaluated together. Not every sending of money during the relationship is a debt. Conversely, a transfer with no description is not in every case considered a gift either. The burden of proof and the rules on proof by written instrument must be examined together with the legal relationship asserted. [3]
Does contributing to household expenses earn half of the property?
Contributing to rent, food and daily living expenses is not the same as contributing to the purchase or substantial improvement of a particular asset. The fact that ordinary shared expenses were paid does not later give rise automatically to a share in all of the assets. If there is a payment directed to the acquisition of an asset, the amount, date, purpose and consideration must be explained.
What can be claimed if the home is registered only in the other person’s name?
The acquisition and transfer of ownership of immovable property are subject to formal requirements. Contributing to the purchase price does not mean automatically acquiring a share in the land registry. Whether the conditions for a land registry claim or for a personal money claim have arisen must be examined separately. If a fiduciary transaction, joint acquisition or another legal ground is asserted, the evidentiary and formal requirements of that ground are observed.
For example, suppose that A sent 600,000 Turkish lira for a home to be purchased in B’s name. This single piece of information does not establish that A is the owner of a particular proportion of the home or that A is necessarily a creditor for 600,000 Turkish lira. Whether the money was given as a loan, as a gift or for the purpose of joint acquisition, and, if the purpose was not realized, which conditions for return arose, is investigated. Calculating an automatic proportion from the present value of the home is also not suitable for every type of claim.
How are renovation and unpaid work evaluated?
The invoice, the payment, the scope of the work done, the change in value that occurred in the asset and the agreement of the parties are important. Whether the contribution will be calculated on the basis of only the amount of the expenditure, the enrichment provided, or some other contractual consideration depends on the legal ground. The formula of the share in increased value under the property regime cannot be carried directly over to every relationship in which there is no marriage.
Are there different rules if the engagement has ended?
Claims for compensation arising from the termination of an engagement to marry and for the return of gifts beyond the customary are evaluated separately under Articles 120–123 of the Turkish Civil Code. The Code provides a one-year statute of limitations for the rights of action arising from the termination of an engagement. However, it should not be assumed that an independent loan or co-ownership dispute between the same persons is subject to the same period merely because the parties were engaged. [1]
To whom, in what relationship and for what purpose the gift was given, whether it was a customary gift, and whether it still exists in kind are investigated. The occurrence of a separation does not make it possible to take back all gifts unconditionally.
From what date does the statute of limitations start to run?
In this area there is no single period applicable to every claim. A contractual claim, unjust enrichment, an engagement gift and a claim based on ownership are different. The two-year period tied to learning and the ten-year period running from enrichment in Article 82 of the Turkish Code of Obligations can be considered only within the framework of the conditions of unjust enrichment. The date the claim became due, learning, and the grounds for suspension and interruption must be determined on the basis of the file. [2]
The day the relationship ended is not an automatic starting date for all claims. In a loan, the time of payment may have been agreed; in a payment based on a specific purpose, it may have become clear on a different date that the purpose would not be realized. A single period found on the internet should not be relied on without a legal characterization.
How are the competent court and the pre-litigation route determined?
The existence of an emotional relationship between the parties to the dispute does not by itself place the case within the jurisdiction of the family court. A special claim arising from family law, an independent obligation relationship, the dissolution of co-ownership and a transaction that may have a commercial nature are evaluated separately. Jurisdiction, venue and, where applicable, mediation as a condition precedent to litigation should be determined on the basis of the claim chosen. [3, 4]
What information matters in preparing a lawsuit?
- The date, amount, account and description of each payment.
- The agreement before the payment and the correspondence afterward.
- Documents relating to the purchase, registration and, if any, sale of the asset.
- Renovation invoices and information about the persons who did the work.
- Records that may have the nature of repayment or acknowledgment of debt.
- The separate dates of the relationship, the engagement and, if any, the later marriage.
The right lawsuit is not one that derives an automatic share from the length of the relationship, but one that clearly shows the legal ground of each contribution, its evidence and the result sought.
Related articles: How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions; Are Inheritance, Gifts and Family Property Divided in a Divorce?; What Is a Share in Increased Value Claim? Proving and Calculating a Contribution to a Spouse’s Property; Contribution Claims in Marriages Before 2002: Proof, Calculation and Special Cases; Spouses’ Rights in a Jointly Titled Home: Division, Compensation for Use and Dissolution of Co-Ownership.
Frequently asked questions
Can I claim half of the property of the person I lived with without marrying?
Living together does not give rise to an automatic half share or a participation claim. The conditions of legal grounds such as co-ownership, a contractual claim, a simple partnership or unjust enrichment are investigated on the basis of the specific transactions.
Can I get back the down payment I gave even if the title deed is in the other person’s name?
The purpose and legal nature of the payment must be determined. A loan, a gift, joint acquisition or an unrealized purpose lead to different results. Having made a contribution does not by itself establish a share in the land registry or a right to the return of a particular amount.
When an engagement is broken off, can all gifts be taken back?
There are special return provisions for gifts beyond the customary. The type of gift, the person who gave it, to whom it was given and the manner in which the engagement ended are examined. Not every gift or every payment between the parties is subject to the same rule.
Can I ask for the return of all the expenses I made while living together?
Daily shared expenses are separated from contributions directed to the acquisition of a particular asset. Not every expense gives rise to an obligation to return. The purpose of the amount claimed, the agreement and the legal result it produced for the other party must be explained with documents.
Is a lawsuit for a contribution outside marriage always filed in the family court?
No. The competent court is determined according to the legal ground of the claim. A special claim arising from an engagement and an independent loan, partnership or ownership dispute should not be treated as subject to the same procedure.
The legal nature of a contribution made before marriage
No. The property regime within the meaning of Articles 202–241 of the Turkish Civil Code begins with a valid marriage. The assets of engaged persons or of persons who live together without marrying do not come under the regime of participation in acquired property merely because of the relationship; a participation claim, a share in increased value and an equalization under the property regime do not arise. A long relationship, the existence of a common child or being known in one’s circle as spouses does not by itself change this result.
Nevertheless, a contribution that has been made is not entirely without legal protection. The correct claim should be constructed by determining the legal relationship on which the money or labor is based:
| Specific relationship | Likely legal characterization | Key evidence to investigate |
|---|---|---|
| Money sent to be returned | Loan or another contractual claim | Description on the receipt, messages, repayment plan, admission |
| Combining labor and capital for a common economic purpose | Simple partnership and liquidation | Joint project, sharing of income and expenses, business records, joint decisions |
| Value remaining in the other person’s assets without a justified ground | Unjust enrichment | Enrichment, impoverishment, causal link and the absence of a legal ground |
| Contribution to the purchase or improvement of an asset | Contract, unjust enrichment, management of affairs without authority (vekâletsiz iş görme) or an ownership relationship | Sale/loan documents, invoices, bank chain, ownership record |
| Intention of a gratuitous transfer | Gift | Intention of the parties, correspondence, ordinary course of life, nature of the transaction |
In these claims, the competent court is, as a rule, determined according to the true legal ground of the dispute; it should not be accepted in advance that the family court is competent. Although a claim of contract, simple partnership or unjust enrichment brings the civil court of general jurisdiction into play in most cases, a commercial relationship, a consumer transaction or a special claim relating to a right in rem in immovable property may change jurisdiction and venue.
The return of gifts beyond the customary given because an engagement was broken off, on the other hand, is separately subject to the special regime in Article 122 of the Turkish Civil Code; a housing, business or credit contribution made during the engagement cannot be resolved automatically by this gift-return rule. The one-year period in Article 123 of the Turkish Civil Code should be distinguished from the periods relating to a loan, a simple partnership or unjust enrichment.
Practical distinction: The fact pattern “we lived together and I also made payments” does not by itself show the type of lawsuit. Filing a lawsuit using property regime terminology without determining the purpose for which the money was sent, the expectation of repayment, the intention of common gain, the title/ownership goal and the statements made after the separation may lead to errors of jurisdiction, time limit, fees and proof.
This article is for general legal information. In a specific dispute, the dates of events, the documents, the type of claim and the time limits are evaluated together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (Türk Medeni Kanunu)
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu)
- Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu)
- Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts (Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun)