Division of Marital Property & Prenuptial Agreements in Divorce 

Türeli & Ceylan Attorney-at-Law – Istanbul

When a couple decides to divorce, one of the most emotionally and financially sensitive issues is the division of assets.
Questions like “Who gets the house?”, “What happens to the car we bought together?”, or “Am I entitled to my spouse’s savings?” often cause disputes.
This article explains how property is divided, what a marital property agreement (prenuptial or postnuptial) means, and how you can protect your rights during this process. At the end, you will also find how Türeli & Ceylan Law Firmcan support you every step of the way.

What Is Property Division?

Property division refers to the legal distribution of assets acquired during the marriage upon divorce.
According to the Turkish Civil Code, the default marital property regime is:
Participation in Acquired Property (Articles 202–218, TCC)

When Can Property Division Be Filed?

The property division claim may be:

• Filed together with the divorce case, or
• Filed within 10 years after the divorce becomes final.

Important: Property division is a separate lawsuit. Even if the divorce is finalized, failure to file for division of assets can result in loss of rights.

Which Assets Are Divided? Which Are Not?

Included in the Division (Acquired Property):

• House, car purchased during marriage
• Salaries, bonuses, performance incentives
• Joint savings accounts
• Businesses established together

Excluded from the Division (Personal Property – TCC Art. 220):

• Assets owned before marriage
• Inheritance or gifts
• Personal belongings
• Non-pecuniary compensation

Types of Property Regimes – What Can a Marital Agreement Change?

Unless otherwise agreed, the default regime is participation in acquired property. However, spouses may choose another regime by signing a marital property agreement (prenuptial/postnuptial).

1. Participation in Acquired Property (Default – TCC Art. 218)

• Acquired assets during marriage are divided equally.
• Contributions may affect proportional claims.

2. Separation of Property (TCC Art. 242)

• Each spouse retains ownership of their assets.
• No sharing of property after divorce.

3. Separate Property with Sharing (TCC Art. 244)

• Similar to separation of property, but allows division of specific assets at divorce.

4. Community Property Regime (TCC Art. 256)

• All acquired property is considered jointly owned.
• Rarely used in practice.

What Is a Marital Property Agreement? When Can It Be Made?

A marital property agreement (also known as a prenuptial or postnuptial agreement) is a notarized written contract in which spouses determine which marital regime will apply.

Regulated by TCC Articles 203–206

• Before marriage: Must be notarized before the wedding.
• After marriage: Both spouses must jointly apply to sign it.

Such agreements are especially useful for individuals with significant assets, business owners, or those entering into a second marriage.

Common Mistakes in Property Division

• Failing to file a property division case together with or after divorce
• Confusing premarital and marital assets
• Assuming assets registered to one spouse are automatically “personal”
• Inability to prove the other spouse’s income

These errors may cause serious financial losses.
Working with an experienced family law attorney ensures the process is both fair and legally sound.

How Türeli & Ceylan Can Help

As experts in property division and marital agreements, we provide:

• Joint planning of divorce and asset division litigation
• Drafting prenuptial or postnuptial agreements
• Legal review of title deeds, bank statements, and business records
• Full accounting of contribution claims and value increase shares
• Multidisciplinary support: financial experts, IT specialists, valuation experts

Frequently Asked Questions (FAQ)

Q: My spouse purchased a home in their name during the marriage. Do I have rights to it?
A: Yes. If acquired during the marriage, and if you contributed financially or otherwise, you may claim a value increase share under TCC Art. 227.

Q: I bought a property before the marriage. Will it be divided?
A: No. It qualifies as personal property and is excluded from division (TCC Art. 220).

Q: We signed a marital agreement. Can we change our minds later?
A: Yes. You may enter into a new notarized agreement to change your marital regime (TCC Art. 206).