Does the Other Spouse Inherit If a Spouse Dies During Divorce Proceedings?

Estate and Heirship

Prepared by: Constantinople

Filing a divorce action does not automatically remove the surviving spouse’s heirship at death in every case. Whether a divorce judgment was given and its finality are examined first. A final divorce differs in its effects from death during pending proceedings. A definitive answer on the inheritance share cannot be based solely on prolonged separation or the parties’ wish to divorce.

The Turkish Civil Code attaches special consequences to an heir continuing the proceedings after one spouse dies during divorce and proving the other spouse’s fault. Without these conditions, the deceased spouse’s relatives cannot remove the surviving spouse’s heirship by agreement among themselves. The existing file, claims and evidence are therefore directly important; the death certificate alone does not complete the legal assessment.

The initial review requires petitions, hearing records, decisions made, any appeal documents and the death record. Necessary procedural steps depend on the stage of the pending case. Spousal heirship and claims arising from the matrimonial property regime are separate matters. Assessing one does not extinguish every other property claim; we keep them separate in the estate calculation.