Short answer: without a marital property agreement, Türkiye applies participation in acquired property (Art. 202 of the Civil Code). On divorce, each spouse may claim half the net value of what the other acquired for value during the marriage, whoever is named on the title deed (tapu). A prenup is signed before a notary, before or after the wedding (Arts. 203, 205). Turkish real estate is always divided under Turkish law.
Last updated: 27 October 2026.
This guide is for mixed couples in Alanya and Antalya (a Turkish citizen married to a Russian or Ukrainian national) and for foreign couples who own a flat in Türkiye. The divorce procedure itself is covered in divorce from a Turkish citizen, and child support and custody in alimony and custody in Türkiye. Here we deal only with property. Article references are to the Turkish Civil Code No. 4721 (TMK) unless stated otherwise.
Which property regime applies if there is no prenup?
Without an agreement, the statutory regime of participation in acquired property (edinilmiş mallara katılma) applies (Art. 202). During the marriage each spouse owns, manages and disposes of the assets in their own name (Art. 223); division happens only when the regime ends, usually as a money claim. The regime covers acquired property (Art. 219: earnings, income from personal assets, replacements) and personal property (Art. 220: personal-use items, assets owned before the marriage, inheritances and gifts, non-pecuniary damages). All assets of a spouse are presumed acquired unless proven otherwise, and assets whose owner cannot be proven are held in co-ownership (Art. 222).
Which regimes can a prenup choose?
Spouses can only choose one of the regimes provided by law (Arts. 202, 203).
| Regime | What happens on divorce | TMK |
|---|---|---|
| Participation in acquired property (statutory) | Each spouse receives half of the other's net acquired value; personal property is not divided | Arts. 218–241 |
| Separation of property (mal ayrılığı) | Each spouse keeps their own assets; co-owned assets are split by share | Arts. 242–243 |
| Separation with sharing (paylaşmalı mal ayrılığı) | Assets acquired after the regime began for common family use, and investments securing the family's economic future, are shared equally | Arts. 244–255 |
| Community of property (mal ortaklığı) | Each spouse takes back what would be personal property under the statutory regime; the rest is split in half | Arts. 256–281 |
A different share in the net value applies on divorce only if the agreement expressly says so (Art. 238). A spouse may waive the share in value increase by written agreement (Art. 227).
How do you sign a prenup in Türkiye?
The agreement may be signed before or after the marriage (Art. 203) and must be drawn up or certified by a notary; couples may also declare their chosen regime in writing when applying to marry (Art. 205).
- Choose the regime and, if desired, the governing law (Art. 15 of the Private International Law Act No. 5718 (MÖHUK)).
- If a party does not speak Turkish, a sworn interpreter takes part in the notarial act (Art. 74 of the Notaries Act No. 1512); a tax number is required for a notarially drafted deed (Art. 84).
- If signed after the wedding, the previous regime ends when the new one is adopted and is settled (Art. 225).
- The agreement does not change the title deed: ownership of real estate is transferred only in official form at the land registry (Art. 706).
- An agreement signed abroad is formally valid if it complies with the law of the place of signing (MÖHUK Art. 7); in Türkiye it is used with an apostille and a notarised Turkish translation. See our guide on power of attorney from abroad for document formalities.
Which country's law applies to a mixed couple's property?
Under MÖHUK Art. 15, spouses may expressly choose the law of their habitual residence at the time of marriage or the national law of either spouse. Failing a choice, the law of their common nationality at the time of marriage applies, then the law of their common habitual residence at that time, and otherwise Turkish law. Immovable property is always settled under the law of the country where it is located (Art. 15/2). So a Turkish–Russian couple living in Alanya when they married is subject to Turkish law; two Russian nationals who married in Moscow are generally subject to Russian law, but their Alanya flat is divided under Turkish law. A dual national who also holds Turkish citizenship is treated as Turkish (Art. 4).
How is a flat in Alanya divided on divorce?
The regime ends on the date the divorce case is filed (Art. 225); assets are classified as at that date (Art. 228) and valued at market value at the time of settlement (Arts. 232, 235). After additions (Art. 229) and compensation between the two property pools (Art. 230), debts are deducted to reach the net value (Art. 231), and each spouse receives half of the other's net value (Art. 236). A spouse who contributed to an asset owned by the other may claim a share of its value increase in proportion to the contribution (Art. 227). A flat registered only to one spouse but bought during the marriage from salaries is acquired property; one bought with proceeds from a flat owned before the marriage is personal property to that extent, and the source of funds must be proven. Payment may be made in money or in kind (Art. 239). Before taking any step, it is worth checking the tapu.
What does a family home annotation do?
Without the other spouse's express consent, a spouse may not transfer the family home, restrict rights over it or terminate its lease; the non-owner spouse may ask the land registry to annotate the title (Art. 194). During divorce proceedings the court takes interim measures (Art. 169) and may restrict disposal of the property and have this annotated on the title (Art. 199).
Where and when must a property claim be filed?
The court competent for the divorce also hears the property settlement (Art. 214); in Alanya this is the family court. The one-year limitation in Art. 178 applies to claims arising from divorce; in the practice of the Court of Cassation (Yargıtay), property regime claims are subject to the general ten-year period under Art. 146 of the Code of Obligations No. 6098. For marriages concluded before 1 January 2002, the earlier regime applies to the period before that date (Art. 10 of Law No. 4722). For matters in Antalya see lawyer in Antalya, and for family matters generally see divorce and family law in Alanya.
Frequently asked questions
Can we sign a prenup after the wedding?
Yes. Art. 203 allows it at any time during the marriage; after the wedding it must be done before a notary.
Is a Russian marriage contract valid in Türkiye?
As to form, yes, if it complies with Russian law (MÖHUK Art. 7). Its content is governed by the law applicable under Art. 15, and Turkish real estate is always settled under Turkish law.
Is a flat bought before the marriage divided?
No, it is personal property (Art. 220). If its loan was repaid from earnings during the marriage, compensation (Art. 230) or a value increase share (Art. 227) may arise.
Can property be settled in an uncontested divorce?
Yes. The spouses submit their arrangement on the financial consequences of the divorce for the judge's approval (Art. 166/3). The wording affects whether a separate property claim can be filed later.
This article is general information as of 27 October 2026 and is not individual legal advice. The outcome of each case depends on its facts and evidence; check the current legislation on mevzuat.gov.tr on the date you act.
Rufina Taştan Law Office — lawyer in Alanya: legal advice in English, Russian and Turkish.
