Are German and French Matrimonial Property Regimes Applied Unchanged in Türkiye?

Matrimonial Property Regimes and Division of Property

Prepared by: Constantinople

German or French nationality does not automatically make that country's matrimonial property regime applicable to every case in Türkiye. International conventions, a valid choice of law and the connections at marriage are examined first. The law governing divorce and matrimonial property may be determined separately. The same couple's divorce claim and real property or matrimonial property claim may therefore require consideration of different legal rules.

Subject to international treaties, Article 15 MÖHUK permits spouses expressly to choose one of their national laws or the law of habitual residence at the time of marriage. Absent choice, their common national law at marriage applies; failing that, the law of their common habitual residence at that time; failing that, Turkish law. In liquidation involving real property, the law of its location is taken as the basis. If spouses acquire a new common law after marriage, the possibility of adopting it while protecting third parties' rights is assessed separately. This sequence should not be confused with the rule governing divorce.

Under Germany's statutory regime, assets remaining separate during marriage and equalisation of gains when it ends are significant. France's statutory community regime rests on a different ownership structure for acquisitions. These broad similarities and differences do not produce exactly the same calculation as a Turkish participation claim. Inheritance, gifts, personal income, debts and contractually chosen regimes require examination of each system's details. Comparison cannot be reduced to the phrase 'equal division'.

Prepare the full matrimonial agreement, nationalities and centres of life at marriage, subsequent changes and the countries where assets are located. A paid written review examines choice of law and connecting factors in the Turkish file and separately identifies questions requiring foreign-law research or input from a lawyer there. Real property in Türkiye and a monetary claim abroad should not be assumed to have the same legal character. The effects of valid agreements on third parties and later changes should also be checked in the individual case.