Calculators
Matrimonial Property (Divorce Asset Division) Calculator
Often searched for as divorce asset division, this calculation is based on the participation claim: under the regime of participation in acquired property, each spouse is entitled to half of the other's residual value upon dissolution of the marriage (Articles 231 and 236 of the Civil Code).
1 Ocak 2002 öncesi evliliklerde o tarihe kadarki dönem için mal ayrılığı rejimi geçerlidir; bu araç yalnızca edinilmiş mallara katılma rejiminin yürürlükte olduğu dönemi hesaplar. Ayrıca değer artış payı (m.227), eklenecek değerler (m.229), katkı payı alacağı ve aile konutu üzerindeki haklar bu hesaba dâhil değildir. Kişisel mallar tasfiyeye girmez.
What Counts as Personal Property?
Personal property includes assets owned before marriage, assets acquired during the marriage by inheritance or gift, claims for non-pecuniary damages, and items for purely personal use (Article 220 of the Civil Code). Personal property is excluded from the participation claim calculated on liquidation of the property regime.
Value Increase Share
Where one spouse's personal property has increased in value through the other spouse's uncompensated contribution, the contributing spouse — or their heirs — may claim a value increase share proportional to that contribution upon liquidation (Article 227). This claim requires a case-specific assessment separate from the participation claim calculated by this tool.
How Is the Participation Claim Calculated, Step by Step?
The calculation proceeds in four steps: first, the total value of each spouse's acquired property at the time of liquidation is determined; debts relating to acquired property are then deducted, and any equalisation amount is added or subtracted — the result is that spouse's residual value (Article 231). The residual value never falls below zero (Article 232). In the final step, each spouse is entitled to a participation claim equal to half of the other's residual value; these two reciprocal claims are set off against each other to produce a single net claim (Article 236).
What Is Equalisation?
Where money from one spouse's acquired property was spent on the other's personal property, or the reverse, this amount must be equalised on liquidation (Article 230). For example, if a personal debt on a home owned before the marriage was paid off using wages earned during the marriage (acquired property), that amount is added back to the relevant spouse's residual value through equalisation.
Limitation Period and Competent Court
A participation claim action is heard by the family court, or, where none exists, by the civil court of general jurisdiction sitting as a family court. Since the Civil Code sets no specific limitation period for this action, the settled case law of the Court of Cassation applies the general ten-year period under Article 146 of the Code of Obligations, running from the date the divorce decree becomes final. This should not be confused with the one-year period that applies to divorce-related damages and alimony claims (Article 178) — the two are separate.
Acquired Property or Personal Property?
| Example | Classification |
|---|---|
| A home bought with wages during the marriage | Acquired property (Art. 219) |
| Real estate received by inheritance | Personal property (Art. 220) |
| A car owned before the marriage | Personal property (Art. 220) |
| Rental income from personal property | Acquired property (Art. 219/3) |
Sample Participation Claim Calculation
| Scenario | A's Residual Value | B's Residual Value | Result |
|---|---|---|---|
| No debt, simple case | 2,000,000 TL | 500,000 TL | A pays B a 750,000 TL participation claim |
| A has a debt | 1,200,000 TL | 1,500,000 TL | B pays A a 150,000 TL participation claim |
| Equal residual values | 1,000,000 TL | 1,000,000 TL | The claims offset each other; neither pays |
Source Legislation
The links below go to the official, current text of the law on the Turkish Presidency's Legislation Information System.
Last updated: September 11, 2026
Frequently Asked Questions
Which assets are used to calculate the participation claim?
Only assets acquired during the marriage; personal assets received by inheritance or gift are excluded.
Can the claim be made before filing for divorce?
The participation claim may be filed together with the divorce action or after the divorce decree becomes final, not while the marriage continues.
Does one spouse's debt reduce the other's claim?
Yes; debts related to acquired property are deducted from that spouse's residual value.
Does this apply to marriages before 2002?
Only to the period after 1 January 2002; before that date, statutory separation of property applied.
What is the limitation period for a participation claim action?
As the Civil Code sets no specific period, the Court of Cassation's settled case law applies the general ten-year period (Article 146 of the Code of Obligations), running from when the divorce decree becomes final. It should not be confused with the one-year period for divorce-related damages and alimony claims (Article 178).
What is equalisation?
Where money from one spouse's personal property was spent on acquired property, or the reverse, that amount is added back on liquidation (Article 230).
Which court hears a participation claim action?
The family court, or, where none exists, the civil court of general jurisdiction sitting as a family court.
Can a spouse who is a homemaker or has no income claim a participation claim?
Yes; the right arises directly from law and is not conditional on having an income. The law does not limit a spouse's contribution to the marriage to financial contributions alone.