The Scope of Acquired Property in a Matrimonial Property Regime
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Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople
Acquired property is an asset obtained by a spouse for consideration while the matrimonial property regime continues. Article 219 TMK specifically lists acquisitions from work, certain social security and welfare payments, compensation for loss of earning capacity, income from personal property and assets replacing acquired property. The list is not confined to an employee's salary; the source of the economic value matters.
An asset being registered in only one spouse's name does not establish that it is personal property for liquidation purposes. Equally, purchase during marriage does not conclusively establish that it is acquired property. The purchase price may have been paid from inheritance, gifts or premarital savings. The acquisition date and source of payment are therefore examined together. The presumption in Article 222 TMK applies to assets established to have been obtained during the regime but not proven to be personal property.
The substitution principle matters when acquired property is sold and another asset is obtained. The sale proceeds or new property purchased with them may be regarded as a continuation of the original source. However, mixed payments between accounts, borrowing and contributions from personal resources may change the calculation. The same value must not be counted twice, both as the original asset and as sale proceeds.
The assets existing for liquidation are generally identified according to the position when the matrimonial property regime ends. Existing acquired property is valued at liquidation under Article 235 TMK. Distinguishing these two dates prevents a conclusion based solely on the amount shown in an account. Classifying acquired property is the first stage; residual value and the resulting claim can be calculated after examining debts, adjustments and assets required by law to be added.
Legal Basis: Turkish Civil Code No. 4721, Arts. 219, 221–222, 228, 235.
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This article has been prepared for general legal information purposes.