Foreign National Spouses and Assets Abroad
Where one of the spouses is a foreign national, the marriage was concluded abroad, the spouses live in different countries, or the assets are located in other countries, a calculation under the Turkish Civil Code alone may not be sufficient.
Under the Law on Private International Law and Procedure, the spouses’ express choice of law, their national laws at the time of the marriage and their habitual residences are important for matrimonial property. If there is no choice of law, the connecting rules provided by the law apply in order. In the liquidation of immovable property, the law of the country where it is located is also taken into account.
In files with a connection to a foreign country, the following;
- The applicable law and the international jurisdiction of the Turkish courts,
- Registration, recognition or enforcement in Türkiye of a foreign divorce judgment,
- Service of documents abroad,
- Apostille, certification and translation of foreign official documents,
- Access to records of banks, companies, land registries and investments abroad,
- Recognition and enforcement in the country concerned of a judgment rendered in Türkiye,
- The effect of proceedings pending in different countries between the same parties
are assessed together. The possibility of taking an asset in a foreign country into account in the calculation in Türkiye and the direct enforceability of a Turkish court judgment in that country are not the same matter.
Matrimonial Property Regime and Inheritance Share in the Event of Death
Where the matrimonial property regime ends by death, the regime between the spouses is liquidated first; the estate of the deceased spouse and the inheritance shares are then determined. The surviving spouse may, where the conditions are met, have both a claim arising from the matrimonial property regime and an inheritance share arising from the law of succession. These two rights are not the same and are calculated separately.
An asset passing to one of the spouses by inheritance is, as a rule, that spouse’s separate property. By contrast, the income of the inherited asset, its use in the acquisition of another asset, the other spouse’s contribution and transfers made before death may lead to different claims or inheritance disputes.
Where the statutory conditions are met, the surviving spouse may request that a right of usufruct or a right of residence be granted over the residence belonging to the deceased spouse in which they lived together, to be set off against the participation claim and, if that is insufficient, by adding a payment. Under the same conditions, it is also possible to request a right of ownership over the household goods. These rights are of a different legal nature from the surviving spouse’s inheritance share and from the family residence protection in divorce.
Our Approach to the Foreign Element and Inheritance
Country and document connections
The spouses’ citizenships, their ties of residence, the country where the asset is located and any choice of law are reviewed. In the event of death, the liquidation claim and the inheritance share are assessed separately.
Procedure and conditions of representation
The conditions for using foreign documents, translation and the necessary certifications are determined according to the file. The need for local legal support for foreign law or for procedures in the country concerned is assessed separately.
The scope of the engagement, fees and expenses, and the method of document sharing and reporting are determined at the consultation. Representation depends on acceptance of the engagement and the necessary authorization.
This is general information. The nature of the claim, the documents, current legislation and the specific facts must be assessed together. Submitting an inquiry does not stop statutory time limits.
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