Although neither spouse may be a Turkish citizen, they may have acquired real estate in Turkey during their marriage. In such cases, if the real estate is registered in the name of only one of the spouses, the division of the property must be carried out by Turkish courts. This is because, under the principles of international law, decisions concerning the transfer or restriction of ownership rights over immovable property may only be made by the competent courts of the country where the property is located.
So, which country’s laws will Turkish courts apply when examining the matrimonial property between spouses who are not Turkish citizens? To answer this question, it is necessary to refer to Law No. 5718 on International Private and Procedural Law (MÖHUK). This law determines which country’s laws should be applied by courts in cases involving a foreign element.
According to Article 15 of Law No. 5718, the division of matrimonial property is governed by the law determined in accordance with the rules set out in this article. Accordingly, the spouses may choose the law of the country of which they are both citizens or the law of the country where they have their permanent joint residence. For example, let us assume that, at the time of their marriage, both spouses were citizens of the Germany and were permanently residing in the United States. If these spouses file a lawsuit before a Turkish court concerning the division of the property they acquired in Turkey during their marriage, the court must first determine whether the law of the country of their common citizenship or the law of the country where they permanently resided together should be applied.
In other words, the spouses may agree to apply the law of either of these two countries. If there is no agreement between the spouses, the law of the country of which both spouses were citizens at the time of their marriage is applied first. It should be noted that, although the law of the spouses’ country of citizenship may apply in a property division case brought before a Turkish court by two foreign nationals, the specific relief requested from the court is also very important.
For example, under the laws of the Russian Federation, if real estate acquired during the marriage is registered in the name of only one spouse, the other spouse has the right to claim a 50% share in the relevant property or a monetary amount corresponding to 50% of the property’s value.However, if the property is located in Turkey, the spouse in whose name the property is not registered may only claim a monetary amount from the other spouse. They cannot apply to a Turkish court and request that a 50% share of the real estate located in Turkey be registered in their name under the laws of the Russian Federation.
In summary, foreign spouses who acquired real estate in Turkey during their marriage may apply to Turkish courts for the division of such property. The Turkish court first determines which country’s laws will apply to the division of the matrimonial property. The division is then carried out in accordance with the provisions of the applicable country’s laws. It should be remembered that, in such cases, the division of the property is made only in monetary terms.
FREQUENTLY ASKED QUESTİONS
— We are both citizens of the . During our marriage, we purchased an apartment in Antalya/Turkey. The apartment is registered only in my spouse’s name. How can I obtain my share of this jointly acquired property?
First, a lawsuit must be filed before a Turkish court. The market value of the relevant property is determined through an appraisal conducted by official experts appointed by the court, based on various criteria. You have the right to claim a monetary amount corresponding to half of the value of the property.
— Can spouses who are not Turkish citizens agree to register their property in Turkey equally in both spouses’ names?
Yes. Foreign nationals may register real estate located in Turkey in equal shares in the names of both spouses, either when the property is initially purchased or when they decide to divide their matrimonial property.
— Which country’s laws apply to a property division case between me and my spouse, who is a Turkish citizen?
If one of the spouses is a Turkish citizen, Turkish law applies to a property division case brought before the Turkish courts. Under Turkish law, the foreign spouse has the right to claim a monetary amount corresponding to 50% of the value of real estate acquired during the marriage and registered in the name of the other spouse.
