Family and Inheritance Law

Scope of Services

• Uncontested and contested divorce proceedings
• Custody, contact arrangements and maintenance claims
• Liquidation of the matrimonial property regime and participation claims
• Family residence annotations and interim measures
• Certificates of inheritance and disclaimer of inheritance
• Determination of the estate and dissolution of joint ownership
• Abatement, simulated transfer and estate concealment actions
• Preparation of wills and inheritance agreements

Frequently Asked Questions

What are the conditions for an uncontested divorce?

The marriage must have lasted at least one year; the spouses must apply jointly or one must accept the other's claim; and the judge must hear the parties in person and be satisfied that they have expressed their will freely. The protocol covering financial consequences and arrangements for children must also be approved by the judge.

Is matrimonial property liquidated within the divorce case?

A claim for liquidation of the matrimonial property regime is heard as a separate action and awaits the divorce judgment becoming final. Identifying the assets subject to liquidation during the divorce process is therefore important.

What is the deadline to disclaim an inheritance?

For statutory heirs, the period is three months from the date they learn of the deceased's death. This is a forfeiture period; if it passes, the inheritance is deemed accepted unconditionally.

What interim measures can be requested during or before a divorce case?

In order to secure the housing, maintenance and safety of the spouses and of the children of the marriage during the divorce process, the legislature has provided broad protective mechanisms: - Interim measures in a divorce case (Article 169 of the Turkish Civil Code): once a divorce action has been brought, the family court judge, of its own motion or on application, issues measures effective until the conclusion of the case concerning the allocation of the matrimonial home to one of the spouses, the award of interim maintenance for the spouse and for the minor children, the temporary custody of the children, and the arrangements for personal contact with the other parent. - Protective measures in cases of violence and threat (Law No. 6284): in favour of a person at risk of physical, psychological, economic or verbal violence or threat, preventive measures are ordered as a matter of urgency (without court fees or security) — including the immediate removal of the perpetrator from the shared home, a prohibition on contacting the protected person by any means of communication, a prohibition on approaching their workplace and residence, and the provision of protection.

What can be done if inherited property cannot be divided by agreement? (Dissolution of joint ownership)

On the death of the deceased, ownership of the estate automatically becomes joint ownership of the heirs. If the heirs cannot all agree by way of a notarised or written estate partition agreement: - Each heir is entitled, even acting alone, to bring an action for dissolution of joint ownership before the Civil Court of Peace in the place where the immovable or movable property forming part of the estate is situated. - The court first examines whether division in kind (physical partition of the property) is possible in practice and under the zoning and cadastral legislation. - If division in kind is not possible, the immovable or movable property is sold by public auction through the sales office in accordance with the Enforcement and Bankruptcy Law, and the sale proceeds are distributed among the heirs, after deduction of costs, in proportion to their shares as set out in the certificate of inheritance.

How is an inheritance disclaimed in order to avoid liability for the deceased's debts? (Actual disclaimer)

Heirs assume not only the assets of the deceased but also all of the deceased's debts, jointly and severally and with their own personal assets. The route provided by law for escaping liability for those debts is disclaimer of the inheritance: - Procedure and time limit: statutory and appointed heirs may disclaim the inheritance unconditionally by written or oral declaration to the Civil Court of Peace of the last domicile of the deceased, within three months from the date on which they learn of the death (or of their status as heir) (Articles 605/1 and 606 of the Turkish Civil Code). - Forfeiture period: the three-month period is a forfeiture period; if it passes without good cause, the inheritance is deemed to have been accepted unconditionally. - Prohibition on dealing with the estate: during the disclaimer period the heirs must not become involved in the affairs of the estate beyond the limits of ordinary administration, must not remove assets from the estate and must not appropriate estate property; otherwise the right to disclaim is lost (Article 610 of the Turkish Civil Code).

What can be done where the estate is insolvent and the three-month period has been missed? (Deemed disclaimer of inheritance)

Where, at the time of death, the debts of the deceased clearly exceed the assets, and the insolvency of the estate has been officially established or is manifestly known, the inheritance is deemed by operation of law to have been disclaimed (Article 605/2 of the Turkish Civil Code): - Action for a declaration of deemed disclaimer: in this situation the three-month period does not apply. The heirs may raise the deemed disclaimer of the inheritance in enforcement proceedings or actions brought against them by creditors, and may also bring an action before the Civil Court of First Instance for a declaration of deemed disclaimer in order to have their exemption from the debts established by judgment. - For a deemed disclaimer to be accepted, the heirs must not have treated the estate as their own in practice — they must not have appropriated its assets or dealt with the estate claiming entitlement to it.

The explanations on this page are for general information only and do not constitute legal opinion. Every dispute must be assessed on its own facts.