The Turkish Civil Code does not limit the right of inheritance to citizenship. For this reason, foreign nationals can also be heirs to assets in Turkey. However, the process of obtaining a Certificate of Inheritance (veraset ilamı) in cases involving foreign heirs differs from that of Turkish citizens and is subject to certain special legal conditions. The condition of reciprocity (mütekabiliyet) is of great importance, especially when the transfer of immovable property is concerned.
For citizens residing abroad or for foreigners, real estate transactions in Turkey (purchase, sale, mortgage) are generally conducted via a power of attorney. However, for a power of attorney issued abroad to be valid in Turkey, especially with the Land Registry Directorates (Tapu), it must meet specific conditions. Crucial details such as the apostille, the method of drafting, and the translation are vitally important for the process to proceed smoothly.
Inheritance and probate procedures in Turkey involve specific legal processes, especially for German citizens or dual nationals.
This page is designed for individuals who divorced abroad but have assets in Turkey registered under their ex-spouse’s name.
Under the Turkish Civil Code, assets acquired after 01.01.2002 during marriage are considered "acquired property" and are legally subject to equal division between spouses. However, to enforce this right, a separate lawsuit for the liquidation of the property regime must be filed after divorce.
Turkish citizens living abroad often wonder how to claim their inheritance rights for assets remaining in Turkey. Legal expertise is crucial when dealing with property deeds, bank accounts, wills, inheritance certificates, power of attorney, or asset concealment.
A common issue for those who divorced abroad is the inability to process official matters in Turkey due to lack of recognition of their foreign divorce decree. The recognition-enforcement lawsuit process is crucial for Turkish citizens abroad who wish to remarry, divide assets, or exercise child custody rights.
Turkish citizens living abroad may face various legal challenges during divorce proceedings in Turkey. For those divorcing in countries like Germany, the Netherlands, France, or Belgium, administrative applications to the population directorate or recognition-enforcement lawsuits (depending on the spouse's consent) may be required to validate the divorce in Turkey.