Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

A participation claim is a monetary entitlement arising from the liquidation calculation following termination of the regime of participation in acquired property. Under Article 236 TMK, each spouse or their heirs is entitled to half the other spouse's residual value; mutual claims are set off. This half-share is not applied directly to the registered ownership share or gross sale price of every asset. The calculation concerns residual value determined in accordance with the law.

Residual value is determined under Article 231 TMK after deducting debts relating to acquired property and making the necessary additions and adjustments. Personal property generally remains outside this sharing. However, income from personal property and payments between property categories may affect the calculation. The property's classification is considered first, then the elements of the calculation and finally the amount of the claim.

A participation claim and a claim to a share in increased value are not the same. A participation claim is not regulated as a contribution claim dependent on proving a direct financial contribution to a particular asset of the other spouse. A claim to a share in increased value, however, requires examination of the specific contribution conditions under Article 227 TMK. Although both claims may arise in the same liquidation, their calculation elements must be distinguished and the same economic value must not be counted twice.

The statutory half-share is not immutable in every case. A matrimonial property agreement may provide otherwise; its statutory limits and effect upon divorce require separate assessment. Article 236(2) TMK allows the share of the spouse at fault to be reduced or removed on equitable grounds where divorce is granted for adultery or an attempt on the other spouse's life. Not every allegation of fault triggers this exception. The existence and amount of the claim cannot be determined on an assumption of automatic sharing irrespective of the grounds for divorce.

Legal Basis: Turkish Civil Code No. 4721, Arts. 231, 236–239.

This article has been prepared for general legal information purposes.