Liquidation of Marital Property in Divorce

Under Turkish Civil Code No. 4721, the participation in acquired property regime applies as the default marital property regime unless otherwise agreed. Under this regime, liquidation of property acquired during the marriage does not occur automatically with the divorce decree but must be pursued in a separate action.

Contribution vs Participation Claims

Two concepts are frequently confused in practice:

• A contribution claim corresponds to a spouse’s contribution to the personal property of the other spouse.
• A participation claim arises from the liquidation of acquired property and is, as a rule, based on equal division.

These can be requested together, but their legal bases and burdens of proof differ.

Statute of Limitations

An action for liquidation of the marital property regime is subject to a ten-year statute of limitations starting from the finalization of the divorce decree (TCC art. 178).

This article is for general information only; specific matters should not be acted on without individualized legal advice.