Winning a property division case and actually collecting the claim are separate stages. The scope of the judgment, interest, whether finality is required, the debtor’s assets and the provisions on unattachability must be assessed together. The collection plan should not be thought about only after the decision is issued.
Which judgment can be enforced before it becomes final?
A judgment on a monetary claim arising solely from the matrimonial property regime is distinguished from a divorce judgment or a judgment concerning the right in rem over immovable property. In the decision of the 12th Civil Chamber of the Court of Cassation (Yargıtay 12. Hukuk Dairesi) dated February 6, 2023, Case No. 2022/8143, Decision No. 2023/644, the objection that a participation claim judgment cannot be enforced before it becomes final was not accepted. This result does not mean that every different ruling in the same file will be applied in the same way. [6]
What distinctions are made in calculating interest?
For the participation claim and the share in increased value, the end of the liquidation is examined; for the contribution claim, the value of jewelry (ziynet) and a debt under a protocol, the relevant rules on default and demand are examined. The type of interest, the start date, the periodic rate and the payments made must be calculated separately. The effect of the increase of the claim in 2026 on the statute of limitations does not automatically move the start of interest for all claims to the date of the action. [1, 2, 3]
If the debtor takes the decision to a legal remedy
An appeal (istinaf) or an appeal on points of law (temyiz) does not, as a rule, stop enforcement by itself. If the statutory conditions are met, a stay of enforcement may be requested. The nature of the judgment, the security and the decision obtained must be checked. The party that started the proceedings must also take into account the consequences of the amount collected in the event of a possible reversal. [3, 4]
Why is attachment not unlimited?
Different protective provisions may apply to a residence, wages, a retirement pension or professional tools. The same method cannot be applied to every asset of the debtor. Attachment of a company share is separate from attachment of the company’s own bank account. An annotation of a family residence also does not create a general prohibition of attachment against all creditors.
What should be written in a payment agreement?
The principal, accrued interest, expenses, installment dates, security, the consequence of delay and the scope of the release must be clear. If payment in kind is involved, the value of the asset, the rights of third parties and the official transfer procedure must be determined. Partial payments received without recording which debt an amount is offset against (mahsup) can create a new dispute over the accounts.
Assignment of the claim
The assignment of a monetary claim is, as a rule, possible; the written form and the limitations are examined. The assignment does not remove the debtor’s existing defenses and does not transfer ownership of the asset that is the subject of the liquidation. It must be determined which claim the assignee has taken, and with what scope and risk.
How is a matrimonial property regime judgment enforced; what happens in composition with creditors and bankruptcy?
If the debtor spouse enters composition with creditors (konkordato) or bankruptcy, what is the rank of the participation claim?
Because it arises solely from family law, the participation claim is not among the employee claims or the other privileged claims listed in Article 206 of the Enforcement and Bankruptcy Law (İİK). Unless it is secured by a pledge, it is, as a rule, an ordinary/non-privileged claim, and in practice it is registered in the general rank after the privileged ranks.
During the provisional/final moratorium in composition with creditors, the prohibition of enforcement proceedings and the suspended time limits in Article 294 of the Enforcement and Bankruptcy Law are taken into account; the claim is notified to the commissioner’s office on time and it is ensured that it appears in the plan with the correct amount. In bankruptcy, registration in the estate, the objection to the ranking schedule and the effect of a pending liquidation action on the registration of the claim are handled together. A mortgage/pledge created after the divorce dispute began is not independent of review through annulment of dispositions and simulation.
Can the debtor spouse request deferral under Article 239/2 of the Turkish Civil Code?
If immediate payment of the participation claim or the share in increased value would cause serious difficulty for the debtor spouse, a deferral for an appropriate period may be requested from the judge. This is not an automatic right to installments. The debtor must substantiate the cash flow, the economic integrity of the business, the consequences of an immediate sale and the payment plan. In view of the creditor’s collection risk, inflation, interest and the possibility of asset diversion, a mortgage, a bank letter of guarantee, a surety or other appropriate security may be requested. Article 239 of the Turkish Civil Code is not an authority to reduce the claim; it is a tool for timing performance.
From what date does interest run on the participation claim?
Under Article 239 of the Turkish Civil Code, unless otherwise agreed, interest runs from the end of the liquidation. In a liquidation through litigation, the practice of the Court of Cassation mostly takes the date of the decision as the basis, because the amount of the claim becomes definite with the liquidation judgment. Claiming automatic interest from the date of the action or of the divorce is not accepted in every file. Different results may arise for protocols, default, foreign currency and independent restitution claims.
Calculation warning: The start of interest and the start of the statute of limitations are not the same concept. In the petition, these two institutions must be reasoned separately.
How is a matrimonial property regime judgment enforced; what happens in composition with creditors and bankruptcy?
Can a monetary claim judgment be put into enforcement before it becomes final?
Articles 350 and 367 of the Code of Civil Procedure (HMK) provide that an appeal (istinaf) or an appeal on points of law (temyiz) does not, as a rule, stop enforcement, whereas judgments on the law of persons, family law and rights in rem over immovable property cannot be carried out before they become final. In the matrimonial property regime, the result and the manner of execution of the judgment are decisive.
In the decision of the 12th Civil Chamber of the Court of Cassation dated February 6, 2023, Case No. 2022/8143, Decision No. 2023/644, the objection of finality was not accepted with respect to a participation claim judgment. [6] On the other hand:
| Ruling | Approach to execution |
|---|---|
| Purely a participation/share in increased value monetary claim | According to the Court of Cassation approach above, enforcement based on a judgment may be possible without waiting for finality; the debtor’s rights to a stay of enforcement under Article 36 of the Enforcement and Bankruptcy Law are reserved. |
| Cancellation and re-registration of the title deed, or a ruling concerning the right in rem over immovable property | Finality is required. |
| Ancillary consequence tied to the divorce judgment | The finality of the divorce and the relationship between the rulings are checked separately. |
| Mixed ruling | Each paragraph and ancillary claim is examined together with the nature of the main ruling; a one-sentence answer is not given for the whole judgment. |
What steps are followed in enforcement based on a judgment?
- In the operative part of the judgment, the debtor, the creditor, the principal claim, the start/type of interest, the litigation costs and the attorney’s fee are separated.
- For the paragraphs that must become final, a finality endorsement is obtained; for the other paragraphs, current case law is checked.
- Accrued interest and the collection fee are calculated and enforcement proceedings based on a judgment are started.
- After the enforcement order, the bank, immovable property, vehicle, securities, company share, salary/receivable and other attachment routes are chosen according to the nature of the asset.
- The risks of appeal, stay of enforcement, security and refund of the amount collected are managed together.
How are a company share and a crypto asset attached?
The debtor spouse’s share in a joint-stock/limited company, the dividend arising from the share and the current account receivable from the company are not the same thing. Depending on the type of share, notification to the trade registry/company, the Central Securities Depository (Merkezi Kayıt Kuruluşu) or the custodian institution; the share ledger and general assembly rights; and the nature as a negotiable instrument and the sale procedure are applied separately. Attachment does not give the authority to directly attach the assets on the company’s balance sheet for the shareholder’s debt.
For a debtor’s account with a crypto asset service provider in Türkiye, sending an attachment notice/official request to the institution and keeping the asset in TL or in kind can be discussed. For a foreign exchange platform and a self-custody wallet, however, there are problems of jurisdiction, notification, the private key, foreign law and technical access; an attachment cannot be recorded on an address on the blockchain like a “land registry annotation.” Identifying the asset and actually taking hold of it are separate stages.
Related articles: How Is Property Divided in a Divorce? A Guide to Matrimonial Property Regime Actions; How Can Asset Diversion Be Prevented in a Divorce? Interim Injunction and Transfer to a Third Party; How Is a Property Division Action Filed? Court, Type of Action, Fees and Claims; Statute of Limitations in a Property Division Action: Start Date and Risks of Loss of Rights.
Frequently asked questions
Can the participation claim and the share in increased value be paid in a way other than money?
The law permits payment in kind or in money. However, relying on this provision, the creditor spouse cannot on his or her own demand the title deed of any asset he or she chooses. If payment in kind is agreed, the real value of the asset, the form of the transfer, the loan and the rights of third parties must be explained. If payment would cause serious difficulty for the debtor, an appropriate deferral may be requested; this also does not eliminate the debt.
From what date can interest be requested on the participation claim and the share in increased value?
Unless otherwise agreed, interest on the participation claim and the share in increased value runs from the end of the liquidation; in a judicial liquidation, the date of the decision matters. The contribution claim, the value of jewelry (ziynet) and a debt under a protocol should not be subjected to the same interest rule. The type of interest requested, the start date and the changes in the periodic rate must be shown separately. The interruption of the statute of limitations is not identical to the start of interest.
Which start date is examined when interest is applied to the contribution claim?
For the contribution claim, in practice the date of the action and, for the increased part of the claim, the relevant procedural act matter; if there was an earlier default, it is examined separately. The rule of interest from the date of the decision for the participation claim should not be automatically carried over to the contribution claim. The effect on the statute of limitations of the partial-claim increase in 2026 does not by itself settle the start of interest either. The claim, the amount and the date must be shown separately.
Can a claim arising from the matrimonial property regime be assigned to someone else?
A monetary claim arising from the matrimonial property regime can, as a rule, be assigned under the conditions for the assignment of a claim. Limitations arising from the law, a contract or the nature of the matter, and whether the claim is determinable, are examined. The written form, notification to the debtor and existing defenses are important. The assignment of the claim is not a transfer of the title deed of the immovable property that is the subject of the liquidation; the right the assignee will obtain is limited to this.
Can a property division judgment be put into enforcement while it is on appeal (istinaf) or on points of law (temyiz)?
Judgments solely on a monetary claim arising from the matrimonial property regime can, as a rule, be put into enforcement before they become final; the 2023 decision of the 12th Civil Chamber of the Court of Cassation applied this distinction. However, the divorce judgment, a ruling concerning the right in rem over immovable property and the different claims in the same decision are examined separately. An appeal (istinaf) or an appeal on points of law (temyiz) does not by itself stop enforcement; the conditions for a stay of enforcement are separate.
How does the debtor spouse’s claim of unattachability affect the collection process?
The existence of a judgment on a claim does not mean that every asset of the debtor can be attached without limit. Different provisions on unattachability may apply to a residence, wages, a retirement pension and professional tools. The time limit for the complaint, the nature of the asset, consent and the exceptions are examined. An annotation of a family residence is not by itself a general prohibition of attachment against all creditors; the collection plan should be made according to the specific assets.
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 assessed together.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medeni Kanunu)
- Law No. 6098, Turkish Code of Obligations (6098 sayılı Türk Borçlar Kanunu)
- Law No. 6100, Code of Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu)
- Law No. 2004, Enforcement and Bankruptcy Law (2004 sayılı İcra ve İflas Kanunu)
- Law No. 7589 Amending Certain Laws for the Effective and Efficient Functioning of the Judiciary (7589 sayılı Yargının Etkin ve Verimli İşlemesine Yönelik Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun)
- 12th Civil Chamber of the Court of Cassation (Yargıtay 12. Hukuk Dairesi), Case No. 2022/8143, Decision No. 2023/644, February 6, 2023