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Asset Division Guide in Turkey for Those Who Divorced Abroad

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.

For those living abroad, the process can be more complex:

  • Assets may be registered solely under the ex-spouse’s name.
  • Asset division might not have been addressed post-divorce.
  • The ex-spouse may attempt to transfer assets to third parties to conceal them.

On this page, we provide clear and practical answers to common questions, such as:

  • How to divide assets in Turkey after divorcing abroad?
  • Which assets are subject to division, and which are considered personal?
  • What to do if the ex-spouse tries to transfer assets?

If you divorced abroad and believe you have rights to assets in Turkey, taking the correct steps promptly is crucial to avoid losing your entitlements.

📋 Frequently Asked Questions

  1. What is a property regime?
  2. How is asset division handled after divorce?
  3. Can I divide assets in Turkey if I divorced abroad?
  4. Can I claim rights to assets registered under my ex-spouse’s name?
  5. Which assets are divided, and which are excluded?
  6. Can assets be frozen before divorce?
  7. What if assets were transferred before divorce?
  8. How long do I have to file an asset division lawsuit?
  9. Can I file an asset division lawsuit if my divorce isn’t recognized in Turkey?
  10. How long does an asset division lawsuit take?
  11. Can I file a property regime lawsuit without returning to Turkey?
  12. What rights can I claim in an asset division lawsuit?
  13. What to do if my ex-spouse is hiding assets?
  14. How much will I receive if I win the lawsuit?
  15. What is the statute of limitations for asset division lawsuits?
  16. How much are lawyer fees for asset division cases?
  17. Will I lose my rights if I don’t file a lawsuit?
  18. Can I file recognition and asset division lawsuits simultaneously?

1. What is a property regime?

A property regime is the legal system determining how assets acquired during marriage are divided upon divorce. In Turkey, the default regime since 01.01.2002 is the "participation in acquired property" regime.

2. How is asset division handled after divorce?

A separate lawsuit for liquidation of the property regime must be filed alongside or after the divorce. The court evaluates the value of marital assets and orders equal division. Personal assets are excluded.

3. Can I divide assets in Turkey if I divorced abroad?

Yes, but your foreign divorce decree must first be recognized in Turkey. After recognition, you may file a property regime lawsuit to claim your share.

4. Can I claim rights to assets registered under my ex-spouse’s name?

Yes. If the assets were acquired during marriage, their registration under the ex-spouse’s name alone does not negate your rights. They are considered "acquired property" and subject to division.

5. Which assets are divided, and which are excluded?

Divided assets: Real estate, vehicles, salary savings, and bank accounts acquired during marriage. Excluded assets: Assets owned before marriage, inherited or gifted property, and personal belongings.

6. Can assets be frozen before divorce?

Yes. If there’s a risk of asset concealment, you may request a provisional injunction during divorce proceedings to block transfers or sales.

7. What if assets were transferred before divorce?

If assets were fraudulently transferred to third parties, you may file a lawsuit to cancel the title deed and reclaim ownership. Courts can invalidate transactions aimed at concealing assets.

8. How long do I have to file an asset division lawsuit?

You must file within 10 years of the divorce decree’s finalization.

9. Can I file an asset division lawsuit if my divorce isn’t recognized in Turkey?

No. The foreign divorce must first be recognized in Turkey through a court process.

10. How long does an asset division lawsuit take?

Typically 6 to 18 months in first-instance courts, depending on asset complexity and cooperation from the opposing party.

11. Can I file a property regime lawsuit without returning to Turkey?

Yes. You may grant power of attorney to a Turkish lawyer via a notarized and apostilled document. Physical presence is not required.

12. What rights can I claim in an asset division lawsuit?

The most common claim is for "participation in surplus value." The court calculates the current value of marital assets and orders payment of your half-share. Title deed cancellation may also be requested.

13. What to do if my ex-spouse is hiding assets?

Request a provisional injunction to freeze transactions. If assets were already transferred, file a lawsuit to annul fraudulent sales.

14. How much will I receive if I win the lawsuit?

You are entitled to half the current value of marital assets. Personal assets are excluded from this calculation.

15. What is the statute of limitations for asset division lawsuits?

10 years from the divorce decree’s finalization. For foreign divorces, the clock starts after recognition in Turkey.

16. How much are lawyer fees for asset division cases?

Fees vary based on case scope, asset value, and agreement terms. Typically, a fixed fee + percentage of the awarded amount. Request a written quote beforehand.

17. Will I lose my rights if I don’t file a lawsuit?

Yes. After the 10-year deadline, your claim becomes time-barred and irrevocably void.

18. Can I file recognition and asset division lawsuits simultaneously?

Yes. Filing both simultaneously can prevent asset concealment during the recognition process.