There is not a single time limit in property division. The statute of limitations on the liquidation claim, the special time limit for bringing an action against a third party and the time limits of other asset-related actions must be kept apart. A wrong start date increases the risk of losing rights as much as knowing the time limit wrongly.
Basic Time Limit Table
| Claim or situation | Time limit to be examined and its start |
|---|---|
| Liquidation claim connected with divorce | General ten years; the finalization of the divorce judgment |
| Foreign divorce | The 2023 General Assembly decision, which takes the finalization of the foreign judgment as the basis |
| Article 241 claim against a third party | One year from learning; at most five years from the end of the regime |
| Value of jewelry (ziynet) or independent debt | Nature of the claim, maturity and the suspension between spouses |
The table is not, on its own, a time limit calculation for every event. Acknowledgment of the debt, an action, enforcement proceedings and other grounds of interruption, as well as the provisions on suspension and transition, are examined separately. The way the court takes into account the statute of limitations and a preclusive time limit is also different. [1, 2]
The Difference Between the Statute of Limitations and a Preclusive Time Limit
The statute of limitations does not remove the debt by itself; as a defense raised within its time limit and procedure, it affects obtaining the claim through an action. The judge cannot take the statute of limitations into account of his or her own motion. In a preclusive time limit, by contrast, whether the right was exercised within the time limit is assessed differently. For this reason, the one-year and five-year time limits provided against a third party in Article 241 should not be combined in the same calculation as the general time limit for claims directed at the spouse. [1, 2]
What Do Suspension and Interruption Change?
For as long as the marriage continues, the provision on suspension in Article 153 of the Turkish Code of Obligations is important with respect to the spouses’ claims against one another. Suspension refers to a period that has not begun to run, or is running, not advancing; interruption refers to a new period beginning to run once the statutory conditions are met. Grounds of interruption such as the debtor’s acknowledging the debt, filing an action or applying for enforcement proceedings are examined according to the scope of the claim actually asserted. Not every correspondence is an acknowledgment of debt, and merely consulting an attorney does not interrupt the period either. [2]
The date the divorce action was filed is important for the cut-off date, which determines which property the property regime covers. The finalization of the divorce judgment, in turn, is assessed for the start of the period of the liquidation claim. These dates, which serve two different legal functions in the same file, should not be written in place of one another.
Why Is Waiting for Recognition Risky in a Foreign Divorce?
The majority decision of the Civil General Assembly of the Court of Cassation (Hukuk Genel Kurulu) dated November 29, 2023, E. 2022/1205, K. 2023/1188, started the period of a property regime claim from the finalization of the foreign divorce judgment. The later finalization of the recognition decision in Türkiye did not move the period to that date. The existence of a dissenting view does not allow this risk to be ignored in practice. [5]
Current Check for a Partial Action
Under the fourth paragraph of Article 109, added in 2026, the statute of limitations is deemed interrupted from the date of the action for the increased portion of the claim. However, for this the increase must be made in the same action, within the scope and time set by law. A separate assessment must be made for a new asset, an independent claim or a procedural act that has already been completed. [3, 4]
Documents Needed for the Time Limit Calculation
The divorce decision bearing a finality endorsement, the foreign decision and the finality certificate, the recognition file, earlier actions and enforcement proceedings, acknowledgments of debt, and documents showing the transfer and the date of learning should be prepared together. It should not be assumed that a meeting or an attempt at settlement suspends the period in every case.
Related articles: How Is Property Divided in Divorce? Guide to Property Regime Actions; How Is a Property Division Action Filed? Court, Type of Action, Court Fee and Requests; Property Division in an Uncontested Divorce Protocol: Waiver and the Risk of a Later Action; Property Division in Türkiye for Spouses Divorced Abroad: Applicable Law and Recognition.
Frequently Asked Questions
From Which Date Does the Time Limit for Filing a Property Division Action Start?
For claims arising from the liquidation of the property regime, a ten-year statute of limitations generally applies. In a divorce in Türkiye, the start is the finalization of the divorce judgment. In a foreign divorce, the decision of the Civil General Assembly of the Court of Cassation dated November 29, 2023 took the finalization of the foreign judgment as the basis. The one-year and five-year preclusive time limits in the Article 241 action against a third party are separate from this general time limit.
On What Basis Is the Time Limit for Bringing an Action Calculated for a Contribution Claim?
For contribution claims, the general ten-year statute of limitations and the provisions on suspension between spouses are assessed together. In a marriage that ends by divorce, the date of finalization is important. If the claim actually rests on an independent loan, unjust enrichment or another relationship, the same start and time limit are not applied by rote. The date of the action, maturity and the grounds of interruption must be calculated on the basis of the file.
This article is for general legal information. In a specific dispute, the dates of the events, the documents, the type of claim and the time limits are assessed 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, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu)
- Law No. 7589 on Amendments to Certain Laws for the Effective and Efficient Functioning of the Judiciary (Yargının Etkin ve Verimli İşlemesine Yönelik Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun)
- Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), E. 2022/1205, K. 2023/1188, November 29, 2023