Property Division Action in Türkiye After a Divorce Abroad

Initial research: October 11, 2026 · Substantive content update: October 12, 2026

Having divorced abroad does not automatically extinguish property division rights in Türkiye. Whether an action can be filed in Türkiye depends on the scope of the foreign judgment, the jurisdiction of the Turkish courts, the law applicable to the matrimonial property regime and the statute of limitations. In particular, waiting for the foreign divorce to be recognized in Türkiye is not a safe choice with regard to the time for bringing the action. In the claim under review, the decision of the General Assembly of Civil Chambers of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) dated November 29, 2023 started the ten-year period from the date the foreign divorce judgment became final. [1] [2]

Is a foreign divorce judgment deemed to have resolved property division as well?

Divorce concerns the termination of the marital bond. The liquidation of the matrimonial property regime, on the other hand, concerns the claims the spouses may demand from one another with respect to their assets. The fact that a foreign judgment only orders the divorce does not show that a home in Türkiye, a bank savings balance or a company share has also been divided. The operative part of the judgment should be read together with the approved agreement, if there is one.

At the start of the file, three possibilities are distinguished: the assets may not have been addressed at all; certain assets or a specific payment may have been decided; or the parties may have concluded an agreement covering all of their matrimonial property regime claims. In each case, the legal protection that can be requested in Türkiye differs. Whether the same claim was previously adjudicated, paid or validly liquidated affects whether it can be claimed again.

Recognition of the divorce and enforcement of the asset provision

For a foreign divorce judgment to produce effects in Türkiye, depending on its conditions, either administrative registration with the population registry or recognition before a court is used. Compulsory performance in Türkiye of a payment obligation contained in the judgment may, in turn, require an enforcement review (tenfiz). Registration with the population registry does not by itself make the asset provisions of the foreign judgment enforceable. [1] [3]

A foreign provision that directly changes the ownership of an immovable in Türkiye is not the same as a provision ordering payment of money to one of the spouses. The exclusive jurisdiction concerning real rights in the immovable and the ability to carry out a transaction in the Turkish land registry are examined separately. A claim aimed only at a monetary receivable does not automatically become a land registry action merely because the immovable is mentioned.

For details on this subject, see the article on cancellation of title and re-registration based on a divorce protocol.

The details of the procedural routes are covered in the guide on recognition and enforcement of a foreign divorce judgment in Türkiye.

If the foreign agreement says “I have no further claims”

This statement alone does not produce the same result in every file. It is examined which claims the declaration covers, which law governs it, how it was reflected in the judgment and whether the parties knew of the assets. On the other hand, it is also incorrect to disregard a signed liquidation agreement as if it had no effect. The other side’s defense of res judicata, payment, release (ibra) or waiver should be assessed on the basis of the entire document.

In which court in Türkiye is a property division action filed?

In disputes arising from the liquidation of the matrimonial property regime, the court with subject-matter jurisdiction is, as a rule, the family court. Where there is no family court, this duty is performed, in the capacity of a family court, by the civil court of first instance designated for that purpose. As to international jurisdiction, Article 40 of the Law on Private International and Procedural Law (MÖHUK) and the relevant domestic territorial jurisdiction rules apply together. [1] [4]

Article 214 of the Turkish Civil Code (TMK) points to the court with jurisdiction in such actions where the matrimonial property regime ends through divorce or annulment of the marriage; it also provides separate connecting factors for other situations. In a file involving a divorce abroad, which court in Türkiye has territorial jurisdiction must be determined by explaining the spouses’ places of residence and the nature of the claim. Generalizations such as “if the asset is in Türkiye, an action can be filed in any city” or “every file is filed in Istanbul” are wrong. [5]

For claims concerning real rights in an immovable, such as cancellation of title and re-registration, the exclusive jurisdiction rule of Article 12 of the Code of Civil Procedure (HMK) becomes important in addition. By contrast, the subject of a participation claim is mostly money. Whether the result sought in the petition is a monetary claim or a real right should be clarified before the assessment of subject-matter and territorial jurisdiction. [6]

Does Turkish law or foreign law apply to property division?

The fact that the action is heard in Türkiye does not mean that Turkish law will apply to all of the assets. Article 15 of the Law on Private International and Procedural Law establishes a connecting rule for marital property that is separate from divorce. The spouses may expressly choose either the law of their habitual residence at the time of marriage or their national law. 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 of those either, Turkish law is taken as the basis. [1]

For this reason, the date of marriage, the nationalities at that date and the country in which the spouses lived together should be recorded. The spouses’ later move to Türkiye does not by itself convert the matrimonial property regime that was valid in the past into the Turkish regime. The possibility under Article 15/3 of the Law on Private International and Procedural Law of becoming subject to a new common law, and the rights of third parties, are assessed separately.

Immovables in Türkiye and abroad

Article 15/2 of the Law on Private International and Procedural Law provides that, in liquidation, the law of the country where the immovables are located applies to them. The fact that a home in Türkiye and an immovable in Germany appear in the same account does not show that the same substantive rule of law applies to both. The effect of a judgment the court may render on a foreign immovable, and the registry or enforcement proceedings in the foreign country, are also addressed separately.

Foreign bank accounts and company shares

The fact that a bank account is located abroad or that a company is established in a foreign country does not by itself show that the claim falls outside the liquidation. First the applicable law is determined, and then the date and source of acquisition of the right. A spouse’s share in a company is distinguished from the assets belonging to the company’s legal entity. It cannot be claimed that every asset of the company be divided in half as if it were the spouse’s personal property.

The judge investigates and applies the competent foreign law ex officio; the judge may request the assistance of the parties. Reliable texts of the relevant foreign legislation, translations and documents explaining its application contribute to this research. The statute of limitations is also governed, under Article 8 of the Law on Private International and Procedural Law, by the law applicable to the underlying relationship; the ten-year explanation below concerns a liquidation claim to which Turkish law applies. [1]

Which assets are taken into account under Turkish law?

Under the statutory regime of participation in acquired property, each spouse, as a rule, has a claim to one half of the other spouse’s residual value. This does not mean that half of the title deed of each asset passes to the other spouse. Personal property, acquired property, debts, adjustment (denkleştirme), value to be added back and share in increased value are separate accounting items. [5]

Property acquired before the marriage, inheritance and gifts are, as a rule, personal property. By contrast, income from personal property may be treated as acquired property under the statutory regime; contractual arrangements between the spouses that the law permits should be examined. The fact that an asset is registered in the name of only one spouse does not prove that the other spouse has no liquidation claim. The rules of proof in Article 222 of the Turkish Civil Code regarding the character and ownership of property are taken into account.

Distinguishing periods for couples married before 2002

In marriages to which Turkish law applies, the period before January 1, 2002 and the period after it may not be subject to the same regime. The transitional provision in Article 10 of Law No. 4722 and the parties’ choice of matrimonial property regime are investigated. The fact that the marriage date is old does not mean that all assets will automatically remain subject to separation of property. Likewise, the loan paid in a later period on an asset purchased in an earlier period may also require a separate calculation. [7]

A simplified calculation example

In a hypothetical file to which Turkish law applies and in which there is no other personal contribution, adjustment or value to be added back, assume that the acquired value entering the liquidation is 2,000,000 Turkish lira (TL) and the related debt is 400,000 TL. On this assumption, half of the residual value of 1,600,000 TL is 800,000 TL. This example cannot be applied to the outcome without the correct valuation date, the distribution of the loan, the mutual claims and, if there is one, the agreement in an actual file.

When does the statute of limitations begin? The distinction in Court of Cassation rulings

In Turkish law, the general ten-year statute of limitations is accepted for a claim arising from the liquidation of the matrimonial property regime. This claim should not be confused with the one-year period in Article 178 of the Turkish Civil Code for certain rights of action arising from divorce. However, there are differing General Assembly of Civil Chambers decisions on the date from which the ten years run after a foreign divorce. [2] [8] [9]

General Assembly, December 7, 2021: Recognition becoming final in Türkiye

In its decision dated December 7, 2021, Merits No. 2018/471 E., Decision No. 2021/1586 K., the General Assembly of Civil Chambers of the Court of Cassation adopted, as to the start of the period, the approach that takes as its basis the recognition judgment in Türkiye becoming final. The majority assessed the effect, before that stage, of the marriage between the spouses continuing from the standpoint of Turkish law and of the provisions on suspension of the statute of limitations. The decision of the lower court to adhere to its dismissal on limitation grounds (direnme) was reversed. [8]

General Assembly, November 29, 2023: The foreign divorce becoming final

In the decision dated November 29, 2023, Merits No. 2022/1205 E., Decision No. 2023/1188 K., however, the majority reached a different result. The foreign divorce became final on January 16, 2007 and the recognition in Türkiye on September 28, 2015; the matrimonial property regime action was filed on October 18, 2017. Calculating the ten-year period from the date the foreign divorce became final, the Assembly affirmed the lower court’s decision to adhere to its dismissal on limitation grounds. [2]

In this approach, the possibility of filing the matrimonial property regime action before recognition and of treating recognition as a preliminary question requiring a stay is decisive. The majority did not regard the fact that recognition had not yet been completed as an objective obstacle to bringing the claim before the court. The dissenting opinions, however, raised objections based on the ability to exercise rights before recognition, the suspension of the statute of limitations while the marriage continues, and legal certainty. The decision was rendered by majority vote.

Practical takeaway: The ten-year period should not be assumed to have only just begun merely because the recognition process has recently been completed. The file should be reviewed without delay, taking as the basis the earlier date, that of the foreign divorce becoming final. This approach does not mean that every claim to which foreign law applies will necessarily become time-barred in ten years. There is also an academic assessment of the divergence in case law. [10]

Three dates that must not be confused

These dates need not be the same. On what day the regime ended, on what day the period for bringing the action began to run and at what value the asset will be taken into account are separate questions. Concrete events that interrupt or suspend the statute of limitations are also examined separately; it should not be assumed that merely sending the other side a formal notice (ihtar) will interrupt the period in every case. [5] [9]

Can the action be filed before recognition is completed?

The approach adopted in the 2023 General Assembly decision allows the liquidation action to be filed before recognition and recognition to be treated as a preliminary question requiring a stay. For this reason, a sequence of steps such as “let the recognition become final first, then we will think about property division” may cause a loss of time. In the action, the foreign divorce, the finality certificate and the status of the recognition file in Türkiye should be clearly shown. [2]

The relationship between the effect of a recognition or registration procedure and the examinability of the matrimonial property regime action should be built according to the file. The fact that a matrimonial property regime action has been filed does not mean that the foreign divorce is regarded as valid in Türkiye without any review. In particular, if there is another foreign judgment concerning the assets, its scope and its effect in Türkiye should also be discussed.

What evidence should be prepared before filing the action?

Preparing evidence is not merely drawing up a list of the assets. A chronology should be prepared showing when, with what money and through what legal transaction each asset was acquired. A chain of documents is needed to test the other side’s defenses of personal property, debt, payment or prior division.

• The foreign divorce judgment, the finality certificate, the date the action was filed and the approved protocol.
• The marriage record, the citizenships at the date of marriage and information on the place of common residence and, if there is one, the matrimonial property regime agreement.
• Land registry and vehicle records, bank account movements, the loan repayment plan, company share and capital documents.
• Records explaining claims of inheritance, gifts, money sent by family and savings from before the marriage.
• Data that makes the allegation of diverting assets concrete, such as asset transfers, sale prices, closeness to the buyer and money movements.

For foreign documents, the requirements for translation, certification and, where necessary, apostille or authentication under an applicable agreement are checked. Not every letter a court in Türkiye writes to a foreign bank can be carried out directly; judicial assistance, the data rules of the foreign country and local procedures are important. No promise can be made that unlimited access to all unknown accounts will be obtained.

Preventing asset transfers and claiming the receivable correctly

Is an interim injunction applied automatically?

Under Article 389 et seq. of the Code of Civil Procedure, conditions such as the right becoming harder to obtain because the existing situation changes, or a risk of serious harm, must be explained. It is shown on which asset and why the injunction is necessary; prima facie proof, proportionality and security are assessed. For a monetary claim, it is not possible to freeze every asset item unconditionally. The possibility of precautionary attachment is also examined separately under its own special conditions. [6]

Obtaining an injunction does not end the follow-up of the process. The one-week request for implementation in Article 393 of the Code of Civil Procedure and, for a pre-action injunction, the two-week rule in Article 397 on filing the action and documenting it should be monitored together with their starting points. It also cannot be accepted that an injunction in Türkiye will automatically block an immovable or an account in a foreign country.

The 2026 amendment: Claim amount and the transitional rule

Law No. 7589, which entered into force on July 31, 2026, repealed the provision on the action for an undetermined claim (belirsiz alacak davası) in Article 107 of the Code of Civil Procedure and added to Article 109/4 the possibility of a one-time increase of the claim in a partial action. Under the rule, the increase may be made until the end of the investigation phase (tahkikat), and the statute of limitations is deemed interrupted as of the date of filing the action also with respect to the increased part. For actions under Article 107 filed before its entry into force, there is a transitional provision. [6] [11]

It is therefore not correct to use an older sample petition as it is in a newly filed action. Which type of claim is sought in respect of which asset, the claim amount, the fees and the increase procedure should be built according to the current rule. The new provision does not by itself eliminate a statute of limitations that expired before the action was filed.

What can be done if the spouse has transferred the asset to a third party?

Under the regime of participation in acquired property subject to Turkish law, the fact that an asset has been disposed of does not necessarily mean that its value will be removed from the liquidation account. However, the participation claim calculated against the spouse, the payment that may be demanded from the third party and the claim directed at the land registry entry rest on different legal bases. First the date of the transfer, whether it was made for consideration, whether the price was actually paid and the character of the transferred asset within the regime must be determined. [5]

Values added to the liquidation account under Article 229 of the Turkish Civil Code

Article 229 of the Turkish Civil Code distinguishes two situations. The first is gratuitous transfers, other than customary gifts, made without the other spouse’s consent within the year before the matrimonial property regime ended. The second is transfers made while the regime continues with the intent to reduce the other spouse’s participation claim. In the second possibility, the law does not require that the transfer have taken place only within the last year; the intent to reduce must be substantiated. [5]

The land registry transaction documents, the actual sale price, bank movements, the relationship with the transferee, who used the asset after the transfer and the disputes between the spouses at that time are examined together. A transfer to a close relative may be an important indication; on its own, however, it does not prove that every transaction had the purpose of diverting assets. The other side may raise the defense of a sale for a genuine price, debt payment or a customary gift. Into which account the price was paid and how it was used makes it possible to assess this defense.

Adding to the account is not an automatic cancellation of the land registry entry or the third party automatically becoming a debtor. Article 229/3 of the Turkish Civil Code requires that notice of the action have been given to the third party who benefited from the transfer or disposition, so that the decision in the relevant dispute can also be asserted against that person. The effect of the notice and the conditions for rendering a judgment directly against the third party must be assessed separately.

Claiming payment from a third party under Article 241 of the Turkish Civil Code

If, during liquidation, the debtor spouse’s assets or estate are insufficient to pay the participation claim, the creditor spouse or the creditor spouse’s heirs may apply to third parties who benefited from gratuitous transfers that must be taken into account in the acquired property. The claim is limited to the shortfall. Not every asset transfer falls under this provision; the conditions of a gratuitous transfer, a claim and a shortfall must be shown. [5]

For example, in a hypothetical file to which Turkish law applies, if the participation claim is 800,000 TL and the assets of the debtor spouse that can be used for payment are 300,000 TL, the shortfall is 500,000 TL. If the transfer made to the third party also falls within the scope of the provision, the claim is examined on the basis of this shortfall and the other limits of liability. These figures only illustrate the logic of the calculation; they do not by themselves prove the existence of a transfer or the liability of the third party.

In this action, under Article 241/2 of the Turkish Civil Code, the right to bring the action lapses upon the passing of one year from learning that the right has been impaired and, in any event, five years from the end of the matrimonial property regime. These are not the same periods as the ten-year statute of limitations discussed for the participation claim against the spouse. In a file involving a foreign divorce, the date the regime ended, the effect of recognition and the applicable law must be determined together; the fact that recognition in Türkiye has only recently been carried out does not mean that these periods have also only just begun.

In preparing the claim against the third party, the documents showing the calculation of the participation claim, the assets of the debtor spouse, the nature of the transfer and the date of learning are important. If it is alleged that an apparent sale is in reality a gift or a simulated transaction, its legal basis and proof must also be built separately. Cancellation of title or another route of action cannot be tied to an automatic result merely by referring to Article 229 of the Turkish Civil Code.

Duration of the action, costs and collection of the judgment

Foreign notifications, the recognition file, collecting documents from banks, research of foreign law and expert review affect the duration of the proceedings. It would not be accurate to give the same number of months for every file. In calculating fees and expenses, the claim amount, translations, the expert, notifications and, if necessary, procedures in the foreign country should be shown separately.

For a foreign plaintiff, the security provisions and treaty-based exemptions under Article 48 of the Law on Private International and Procedural Law are assessed; for a Turkish citizen residing abroad, the relevant security provisions of the Code of Civil Procedure are assessed. For a person with limited financial means, the conditions for legal aid may also be examined separately. Although representation by an attorney is generally not mandatory, assessing the law of two countries and the time limits together is an important part of the file.

A receivable judgment obtained in Türkiye is enforced against the debtor’s assets in Türkiye through the relevant enforcement procedure. If collection is to be made in a foreign country, that country’s system of recognition, enforcement (tenfiz) or enforcement based on a treaty will also come into play separately. Winning the action and having assets that can actually be collected are not the same thing.

Conclusion

After a divorce abroad, the first step for property division in Türkiye is to determine the scope of the foreign judgment and protocol. Then the court’s jurisdiction, the applicable law, the manner in which the assets were acquired and the statute of limitations should be assessed together. If there is a transfer to a third party, adding to the liquidation account, the third party’s liability and the special time limits for bringing an action (hak düşürücü süre) should also be addressed in the same file preparation. In particular, because of the 2023 General Assembly decision, the date the foreign divorce became final must not be overlooked; the right of action must not be put at risk while waiting for the recognition process to finish.

A sound file addresses the documents, the legal claim and the prospect of collection for each asset within the same framework. For the general scope of services on this subject, see the pages on property division attorney services and family law attorney services. This guide is for general information purposes; the time limits and rights in a specific file must be determined on the basis of the documents.

Frequently Asked Questions

I divorced in Germany; can I file an action for my home in Türkiye?

Yes, if the conditions are met. It is examined whether the foreign judgment contains a provision on the home, the jurisdiction of the Turkish court, the applicable law and the time limit. The fact that the immovable is located in Türkiye does not mean that every claim will automatically be accepted. Related explanation

Should I wait for the recognition judgment before seeking property division?

Waiting may create a risk as to time. The 2023 General Assembly decision considered that a liquidation action can be filed and recognition can be treated as a preliminary question requiring a stay. A time review should be carried out immediately, together with the date the foreign divorce became final. Related explanation

Does the ten-year period begin with recognition in Türkiye?

It is not safe to say this for all files. The 2021 and 2023 General Assembly decisions differ; the 2023 decision took the foreign divorce becoming final as its basis. If foreign law applies, the period may also be determined separately according to that law. Related explanation

If the home is registered only in my ex-spouse’s name, is my right extinguished?

No. Not being the owner in the land registry does not, by itself, eliminate the monetary claim arising from the matrimonial property regime. The date and source of acquisition of the asset, the regime and personal contributions are investigated. Related explanation

Is the divorce agreement I signed abroad binding?

The scope of the document and the applicable law are examined. An agreement that expressly resolves property division may be effective; whether a general sentence covers all of the assets is assessed separately. Related explanation

Is a home I inherited also divided?

Under the Turkish statutory regime, property acquired by inheritance is, as a rule, personal property. However, its income, the other spouse’s contribution and the values that take its place are separate matters; not every economic value in the file is subject to the same result. Related explanation

Can my ex-spouse’s foreign bank accounts be investigated?

Evidence can be requested on the basis of specific account and transfer information. Obtaining documents in a foreign country depends on that country’s rules and the routes of judicial assistance; an unlimited and automatic account search should not be assumed. Related explanation

Can an action for an undetermined claim be used when filing a new action in 2026?

Article 107 of the Code of Civil Procedure was repealed as of July 31, 2026. A new action should be built according to current Article 109/4 and the other procedural provisions; in actions filed earlier, the transitional provision should be taken into account. Related explanation

If my ex-spouse transferred the home to a relative, can I no longer claim a receivable?

A transfer does not eliminate the claim in every case. If Turkish law applies, adding to the account under Article 229 of the Turkish Civil Code is considered; if its special conditions are met, a claim against the third party under Article 241 is considered. The one-year and five-year time limits for bringing an action (hak düşürücü süre) against the third party should be examined separately. Related explanation

Sources and legal bases

1. Law No. 5718 on Private International and Procedural Law, in particular Articles 2, 8, 15, 40, 48 and 50–59. Legislation Information System (Mevzuat Bilgi Sistemi); accessed October 11, 2026.
2. Court of Cassation General Assembly of Civil Chambers, 29.11.2023, 2022/1205 E., 2023/1188 K., majority reasoning and dissenting opinions. Official full text of the Ministry of Justice.
3. Law No. 5490 on Population Services, Article 27/A.
4. Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts, Articles 2 and 4.
5. Law No. 4721 Turkish Civil Code, in particular Articles 202–241, 214, 222 and 225.
6. Law No. 6100 Code of Civil Procedure, in particular Articles 12, 84, 109, 165, 224, 334 and 389–397; accessed October 11, 2026.
7. Law No. 4722 on the Entry into Force and Implementation of the Turkish Civil Code, Article 10.
8. Court of Cassation General Assembly of Civil Chambers, 07.12.2021, 2018/471 E., 2021/1586 K., majority reasoning and dissenting opinions. Official full text of the Ministry of Justice.
9. Law No. 6098 Turkish Code of Obligations, in particular Articles 146, 149, 153 and 154.
10. Rumeysa Partalcı, “The Starting Date of the Statute of Limitations in Claims Arising from the Liquidation of the Matrimonial Property Regime Due to a Foreign Divorce Judgment within the Scope of the Decision of the General Assembly of Civil Chambers of the Court of Cassation Dated 29.11.2023”, Marmara University Faculty of Law Journal of Legal Research (Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi), 31(2), 2025, pp. 1541–1560; DOI: 10.33433/maruhad.1794110.
11. Law No. 7589, text adopted by the Grand National Assembly of Türkiye (TBMM), Articles 19–20, provisional Article 1/10 and Article 26; Official Gazette, July 31, 2026, issue 33326.