General Provisions of Marriage and Spouses' Obligations

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

Marriage creates more than a personal relationship between spouses; it also creates statutory rights and obligations. Article 185 TMK regulates the duties to live together, remain faithful and assist one another. Responsibility for the children's care, education and supervision is also shared. These provisions do not create general authority for one spouse to control all the other's decisions.

Spouses choose their shared home together and jointly manage the marital union. Contributing to its expenses is not limited to paying money. Article 186 TMK provides for contributions through labour and assets in proportion to each spouse's means. Housework and care work form part of this framework. A difference between the spouses' incomes does not, by itself, remove responsibility for their shared life.

Representation of the marital union must be distinguished from personal borrowing. Article 188 TMK authorises each spouse to represent the union for the family's ongoing needs while shared life continues. Transactions outside this authority and liability to third parties are assessed according to the transaction's nature and the special statutory conditions. Not every debt can be said to bind the other spouse merely because of the marriage.

The family home receives additional protection. Termination of its tenancy, transfer of the home or restriction of rights over it without the other spouse's express consent is restricted under Article 194 TMK. A family home annotation makes this protection visible in the register. Judicial intervention may be requested under Article 195 TMK if marital obligations are not fulfilled or a dispute arises over an important matter. The scope of intervention depends on the particular breach and the interest requiring protection.

Legal Basis: Turkish Civil Code No. 4721, Arts. 185–186, 188–195.

This article has been prepared for general legal information purposes.