When a marriage comes to an end, one of the issues that gives rise to the most disputes between spouses is the calculation of the participation claim (katılma alacağı). The regime of participation in acquired property (edinilmiş mallara katılma rejimi), governed by articles 218-241 of the Turkish Civil Code (TMK), gives each spouse a claim over half of the other spouse’s surplus value (artık değer) when the property acquired during the marriage is liquidated. In this article we look at how the liquidation of the matrimonial property regime works, the formula by which the participation claim is calculated, and the time limit for bringing an action, within the framework of the legislation currently in force.
Key Takeaways
- The participation claim is an entitlement to half of the “surplus value” calculated under TMK m.231.
- As a rule, the action is subject to the general 10-year statute of limitations (zamanaşımı) running from the date on which the divorce judgment becomes final.
- Whether an asset still exists is determined as at the date the regime ended, while its monetary value is assessed as at the date of the judgment (TMK m.232).
- Personal property (kişisel mal) under TMK m.220 is not included in the calculation of the participation claim; however, income derived from such property may count as acquired property.
- If the parties have concluded a matrimonial property agreement (TMK m.202/2), the rules of the chosen regime apply instead of the participation claim.
What Is the Liquidation of the Matrimonial Property Regime?
Liquidation of the matrimonial property regime is the process by which the property acquired by the spouses is divided in accordance with TMK m.218 et seq. where the marriage ends through divorce, death, or a change of the property regime by agreement (publications of the Union of Turkish Bar Associations (Türkiye Barolar Birliği) and academic studies available on dergipark.org.tr, 2026). Unless otherwise agreed under the law, couples who marry automatically become subject to the regime of participation in acquired property.
The Statutory Regime and the Optional Regimes
Under TMK m.202, spouses may, at the time of marriage or during the marriage, choose separation of property (mal ayrılığı), sharing in separation of property (paylaşmalı mal ayrılığı) or community of property (mal ortaklığı) by means of a matrimonial property agreement drawn up before a notary. Where there is no such agreement, the statutory regime, namely participation in acquired property, applies. In practice the great majority of marriages are subject to this statutory regime, which is why participation claims come up so frequently in divorce proceedings.
How Is the Distinction Between Acquired Property and Personal Property Drawn?
Under TMK m.219, acquired property means the assets a spouse obtains for consideration during the marriage; salary, rental income, commercial earnings and social security payments fall within this scope. Personal property, on the other hand, means, under TMK m.220, property owned before the marriage together with assets acquired by way of inheritance or gift.
The Effect of Personal Property on the Participation Claim
As a rule, immovable property characterised as personal property is not included in the liquidation. However, where the proceeds of a sale of such property are reinvested (for example in the purchase of another immovable), whether the new asset counts as personal property is assessed according to the burden of proof and the nature of the asset. Income from personal property (for example the rental income of a personally owned flat) counts as acquired property unless otherwise established, and is included in the liquidation. One of the most frequently debated issues in practice is an immovable bought before the marriage which increases in value through renovation or debt repayments made during the marriage out of joint income; in that case the asset itself remains personal property, but a claim for a share in the increase in value (değer artış payı) may arise in favour of the contributing spouse under TMK m.227.
Wedding Gold and Items of Personal Use
Gold and money given at the wedding (ziynet eşyası) are consistently treated in the case law of the Yargıtay (the Court of Cassation) as the wife’s personal property, and form the subject of a separate type of claim, an action for wedding gold (ziynet eşyası alacağı), independent of the liquidation of the property regime; it should therefore not be confused with an action for a participation claim. Items set aside exclusively for personal use, such as personal clothing, prostheses or the tools of a trade, likewise count as personal property under TMK m.220.
How Is the Participation Claim Calculated?
Under TMK m.231, the surplus value is the amount remaining after the debts relating to a spouse’s acquired property are deducted from the total value of that property; each spouse becomes entitled, as a participation claim, to half of the other’s surplus value, and the reciprocal claims are set off against each other.
| Calculation Step | Legal Basis | Explanation |
|---|---|---|
| 1. Identifying the acquired property | TMK m.219 | All assets acquired during the marriage are listed. |
| 2. Values to be added | TMK m.229 | Gratuitous dispositions made without the other spouse’s consent are added. |
| 3. Compensation between asset groups | TMK m.230 | Contributions made from one group of property to another are compensated (denkleştirme). |
| 4. Establishing the surplus value | TMK m.231 | Debts are deducted from the value of the acquired property. |
| 5. The participation claim | TMK m.236 | Half of the surplus value is awarded to the other spouse as a claim. |
As at Which Date Is the Valuation Made?
Under TMK m.232, whether an asset still exists is determined as at the date on which the matrimonial property regime ended; the monetary value of the asset, however, is calculated on the basis of its current market value (rayiç bedel) as at the date on which the court gives judgment. This distinction makes it essential, particularly in periods of high inflation, for the current market value of assets such as immovables and vehicles to be established through an expert examination.
The Limitation Period in an Action for a Participation Claim
An action for a participation claim is subject, under the general provisions of TBK m.146, to a 10-year limitation period running from the date on which the divorce judgment becomes final. The period starts to run on the date the divorce judgment becomes final, which means a participation claim may still be brought years after the divorce.
Liquidation in the Event of Death
Where one of the spouses dies, the matrimonial property regime ends automatically and the surviving spouse may assert a participation claim against the heirs of the deceased spouse. In that case the liquidation is carried out before the estate is distributed; the surviving spouse’s participation claim is treated as a right separate from the estate. For detailed information on the action for abatement (tenkis davası), which may be resorted to where the heirs’ reserved shares have been infringed, see our article on the reserved share and the action for abatement.
The Relationship Between the Participation Claim and Other Family Law Claims
The participation claim is a legal institution independent of claims for maintenance (nafaka) and for pecuniary and non-pecuniary compensation; while the compensation and maintenance claims under TMK m.174-176 concern the consequences of divorce, the participation claim concerns the division of property acquired during the marriage. A spouse may therefore assert both compensation in the divorce action and a participation claim at the same time; the court assesses these claims as separate heads. Another matter that frequently arises during divorce proceedings, namely to whom custody of the child will be given, calls for a separate assessment; we set out the criteria on that subject in our article on the best interests of the child in custody.
Points Not to Be Confused with an Increase in Maintenance
The participation claim is a one-off liquidation exercise, whereas an action for an increase in maintenance concerns the updating of regular payments; since the two rest on different legal bases, the bringing of one action is no obstacle to bringing the other. The conditions for, and the course of, an action for an increase in maintenance are explained in detail in our article devoted to that subject.
In Which Court and How Is the Action Brought?
In an action for a participation claim the court with subject-matter jurisdiction is the family court, and the court with territorial jurisdiction is, as a rule, the court of the defendant’s place of residence; for claims brought together with the divorce action, the court hearing the divorce action may have jurisdiction. The mandatory elements a statement of claim must contain are set out in the Code of Civil Procedure no. 6100.
Should It Be Brought Together with the Divorce Action or Separately?
A participation claim may be brought together with the divorce action, or as a separate action once the divorce has become final. Because clarifying the parties’ assets takes time in practice, in many files this claim is brought separately after the divorce has become final. Setting out the parties’ acquired and personal property separately in the statement of claim is important so that the burden of proof is correctly allocated. Where the parties are able to reach agreement on the divorce, the process can be significantly faster; we looked at how that alternative works in our article on uncontested divorce in İzmir.
Court Fees and Litigation Costs
An action for a participation claim is subject to a proportional fee (nispi harç); the fee is calculated on the amount claimed as the value of the action, according to the schedule annexed to the Law on Fees. In addition, litigation costs such as expert fees and service expenses are borne by the parties during the proceedings, and at the end of the case the unsuccessful party may be held liable for those costs. Our court fee calculation tool can be used for the current fee amounts.
The Burden of Proof and the Expert Examination During the Proceedings
In actions for a participation claim the burden of proof lies on the party alleging whether an asset is acquired or personal property; under TMK m.222, a spouse who alleges that an asset is not acquired property must prove that it is personal property, failing which the asset is deemed to be acquired property. This presumption is one of the most important factors directly affecting the outcome of the case in practice. We touched on the importance of the evidence-gathering strategy in contested divorce files in our article on evidence in a contested divorce.
The Role of the Expert Report
Because determining the current market value of assets such as immovables, vehicles and company shares requires technical knowledge, courts generally obtain a report from a real estate valuation specialist, a certified public accountant or an actuarial court expert (bilirkişi). The expert draws up the surplus value table by calculating separately the value of the asset at the date of acquisition, any outstanding loan debt, and the current market value at the date of judgment. The parties must present their objections to the expert report in concrete and documented form; abstract objections may not be taken into account by the court.
The Importance of Bank Records and Proof of Income
In proving out of which spouse’s income an asset was acquired, bank account statements, land registry records, loan agreements and payslips are decisive evidence. Particularly in long marriages, keeping the documents showing the source of the assets greatly eases the burden of proof at the liquidation stage.
The Participation Claim in Marriages with a Foreign Element
In marriages where one of the parties is a foreign national, the law applicable to the matrimonial property regime is determined under the Act on Private International and Procedural Law (MÖHUK); unless the parties have agreed otherwise, the common national law at the time of the marriage applies, and failing that the law of the common habitual residence. As regards immovables situated in Türkiye, however, the law of the place where the immovable is located (Turkish law) is, as a rule, taken as the basis. In files of this kind it is common for an expert opinion to be sought in order to establish the content of the foreign law.
Payment of the Participation Claim and the Enforcement Process
If the participation claim determined by the court judgment is not paid by the debtor spouse once the judgment has become final, the creditor spouse may start enforcement proceedings based on a judgment (ilamlı icra takibi) and collect the claim through compulsory enforcement; the general provisions of the Enforcement and Bankruptcy Law on the enforcement of judgments apply in this process (see our practice area of enforcement and bankruptcy law).
Payment by Instalments and the Possibility of Security
Taking the debtor spouse’s financial situation into account, the court may order the participation claim to be paid by instalments; under TMK m.239 the judge may, in order to facilitate the liquidation, allow time for payment and, where necessary, require the claim to be secured. This provision is particularly important in files where the only asset is an immovable and the capacity to pay in cash is limited.
Claiming Interest
As a rule, statutory interest may be claimed on the participation claim from the date the action is brought; the creditor spouse must state the claim for interest expressly in the statement of claim. Estimated amounts can be examined using our current statutory interest calculation tool.
Determining Matters in Advance by a Matrimonial Property Agreement
Spouses may, before the marriage or during it, choose a regime other than the statutory one, such as separation of property or sharing in separation of property, by means of a matrimonial property agreement drawn up before a notary; from the perspective of preventive law, that choice is an effective way of reducing uncertainty in any future liquidation process.
The Consequences of the Separation of Property Regime
Under the separation of property regime each spouse remains the owner of his or her own property and, when the marriage ends, no accounting such as a participation claim takes place; this regime may be preferred in particular by spouses who carry on a commercial activity or who already have substantial assets. However, the fact that separation of property has been chosen is no obstacle to asserting claims based on the general provisions, such as a contribution claim (katkı payı alacağı).
Frequently Encountered Mistakes
One of the most common mistakes in participation claims is confusing personal property with acquired property; for example, how the renovation expenses incurred during the marriage on an immovable bought before the marriage are to be assessed is often overlooked. Another mistake is failing to set out in the statement of claim each of the assets claimed individually together with the evidence for it; where claims are general and vague, the court may allow additional time and require the evidence and grounds to be clarified. Miscalculating the limitation period is, moreover, one of the most critical mistakes, as it may lead to the loss of the right.
| Situation | Applicable Rule |
|---|---|
| Immovable acquired before the marriage | Counts as personal property, not included in the liquidation (TMK m.220) |
| Vehicle bought during the marriage out of salary | Counts as acquired property, included in the liquidation (TMK m.219) |
| Immovable acquired by inheritance | Counts as personal property (TMK m.220/2) |
| Rental income from personal property | Counts as acquired property unless the contrary is proved (TMK m.219/4) |
| Gift made without the other spouse’s consent | Taken into account as a value to be added (TMK m.229) |
Does the Length of the Marriage Affect the Amount of the Participation Claim?
The length of the marriage does not change the legal basis of the participation claim, but in practice, because more acquired property tends to have accumulated in longer marriages, it directly affects the surplus value calculated and therefore the amount of the participation claim. In short marriages the number of items of acquired property between the parties may be limited, so the subject matter of the action is often confined to a single immovable or vehicle, whereas in long marriages several groups of assets (immovables, vehicles, company shares, savings accounts) may need to be assessed separately.
The Position of Debts Predating the Marriage
Where a spouse’s personal debt predating the marriage has been paid out of assets acquired during the marriage, whether that payment is to be taken into account in favour of the other spouse by way of compensation is assessed according to the circumstances of the particular case; mixed situations of this kind are among the most complex calculation scenarios and generally require an expert examination.
Illustrative Hypothetical Case
The following example is entirely fictional and is not based on any real client or file; it has been prepared purely by way of illustration in order to show the logic of the calculation. One might imagine a scenario in a twelve-year marriage in which the current market value of a flat acquired in the name of one of the spouses is determined by an expert examination carried out during the divorce proceedings, a contribution made from the other spouse’s personal property towards the purchase of the flat is taken into account by way of compensation, and half of the surplus value is ultimately awarded to the other spouse as a participation claim. In this hypothetical file the process might proceed as follows: first the parties make a declaration of assets, then the court appoints a real estate valuation expert, the expert calculates separately the value of the flat at the date of acquisition and at the date of judgment, the outstanding loan debt is deducted, and finally the compensation item is added to arrive at the final surplus value. In such a file the expert report, proof of the rate of contribution and the valuation date are the decisive elements; if one of the parties objects to the report, the court may order a supplementary report or appoint a new panel of experts.
What Will the Other Side Do?
In actions for a participation claim the other spouse also has a defence strategy; being prepared for these strategies ensures that the right documents are gathered before the expert examination.
The allegation that the asset is personal property and not acquired property. The other spouse may argue that the immovable came from before the marriage or by way of inheritance or gift. Under TMK m.222 the party alleging that an asset is personal property must prove it; the allegation is assessed on the basis of the date on the title deed, the certificate of inheritance or the deed of gift.
The allegation that the value of the asset has been understated or that the debt on it is high. The other spouse may object to the current market value of the immovable or to the loan debt secured on it. In that case an independent report from a real estate valuation or certified public accountant expert is requested.
The allegation that the contribution was made out of personal property. The other spouse may claim to have contributed to the purchase of the asset out of his or her own personal property. This allegation is met with bank account statements and records of money transfers.
The plea of limitation. The other spouse may argue that the ten-year period has expired since the divorce judgment became final. This allegation is assessed against the official record showing the date on which the judgment became final.
Which of these defences comes to the fore may vary according to the specific circumstances of the file; that is why gathering the documents relating to the assets before the action is brought is important. To assess in advance which defence your file is likely to meet, you may get in touch.
Frequently Asked Questions
Are the participation claim and the contribution claim the same thing?
No. A contribution claim is a claim, under the rules on unjust enrichment, for the contribution one spouse made to the other’s property during the period before 1 January 2002 when the separation of property regime applied; the participation claim, by contrast, is an institution specific to the post-2002 statutory regime of participation in acquired property.
Can a participation claim be made in a relationship outside marriage?
No, the participation claim is a right specific to an official marriage union; in relationships outside marriage, claims for a contribution share or for unjust enrichment may arise under the general provisions.
What happens if one of the spouses transfers an asset to a third party?
Under TMK m.229, gratuitous dispositions made without the other spouse’s consent with the aim of reducing the liquidation are counted among the values to be added to the acquired property and are included in the calculation of the participation claim.
How does the participation claim affect the law of succession?
When one of the spouses dies, the matrimonial property regime is liquidated first and the surviving spouse’s participation claim is determined; the estate is then distributed on the basis of the assets remaining after that liquidation.
Are assets abroad included in the liquidation?
Provided that they were acquired during the marriage, assets abroad may also be included in the liquidation; however, identifying and valuing property in a foreign country may require additional documents and sometimes an expert opinion on foreign law.
Is mediation compulsory before bringing the action?
Claims for the liquidation of the matrimonial property regime arising from family law, such as the participation claim, are not within the scope of compulsory mediation because they are not commercial in nature; the parties may apply to voluntary mediation if they wish.
Are company shares included in the calculation of the participation claim?
Yes; shares in a company established or acquired during the marriage count as acquired property and are valued by a certified public accountant or company valuation expert; because the true market value of a share may differ from its book value, files of this kind require a detailed examination.
If the division of property was dealt with in the divorce protocol, can a participation claim be made afterwards?
Where the parties have regulated the division of property definitively and reciprocally in an uncontested divorce protocol, it is generally not possible to bring a fresh action on the matters covered by the protocol, subject to any rights not expressly waived in it; this is why a complete assessment of the assets before the protocol is signed is important.
Table of Time Limits
| Time limit | How long | Starting point |
|---|---|---|
| Limitation period in an action for a participation claim | 10 years | From the date the divorce judgment becomes final |
Sources
- Legislation Information System (mevzuat.gov.tr)
- Legislation Information System (mevzuat.gov.tr)
- Legislation Information System (mevzuat.gov.tr)
- Official Gazette (resmigazete.gov.tr)
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This article is for general information purposes and does not replace legal advice. Your specific situation requires a separate assessment of your file.
This article has been prepared on the basis of the legislation in force as of 17.09.2026. Amendments to the relevant legislation can be followed through the Official Gazette.
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