When spouses have connections with two countries and own real estate in Turkey, the dissolution of the marriage gives rise to several complex legal tasks. The situation becomes particularly difficult when the divorce was granted outside Turkey while the assets remain on Turkish territory.
Detailed facts of the case
The spouses obtained a divorce abroad (foreign court judgment of 2023). They nevertheless retained jointly acquired real estate in Antalya. Because a foreign judgment does not automatically produce effects in Turkey, the parties continued to appear as married in the Turkish civil-status registers.
The situation was further complicated by the following factors:
- the parties held dual nationality;
- some of the properties had a high market value;
- a full division of the matrimonial assets could not take place in a Turkish court until the foreign divorce judgment had been recognised.
Main difficulties of the case
1. Necessity of recognising the foreign judgment
Until a Turkish court recognises the foreign divorce judgment the parties remain formally married under Turkish law. This prevents a proper division of property.
2. Parallel conduct of two sets of proceedings
Both the recognition-and-enforcement action and the property-division action had to be pursued at the same time. An incorrect sequence of steps could result in the expiry of limitation periods or a weakening of the legal position.
3. Complex and high-value expert valuation
The determination of the market value of the properties is a decisive stage. In cases involving valuable real estate (including assets worth tens of millions of Turkish lira) the expert report almost invariably becomes a point of intense dispute between the parties.
4. Dual nationality
The fact that the parties hold citizenship of two countries creates additional procedural and substantive issues that must be taken into account when devising strategy.
5. Length of the proceedings
Family-law cases containing a foreign element and involving expert valuation of real estate rarely conclude quickly. It is essential to use this time effectively to strengthen the evidential base.
What the lawyers did for the client
Stage 1 – Recognition of the foreign divorce judgment
- The foreign judgment was analysed and a complete set of documents for the recognition-and-enforcement procedure was prepared.
- The documents were properly legalised and translated.
- An action for recognition and enforcement of the foreign judgment was filed.
- Throughout the proceedings a clear and constructive legal position was maintained.
Result of this stage:
The Turkish court recognised the foreign divorce judgment. This removed the formal obstacle and opened the way for the property-division proceedings. After the judgment became final an enforceable title in respect of the legal costs was obtained.
Stage 2 – Property-division proceedings
- Taking limitation periods into account, an action for division of the jointly acquired assets was filed in good time.
- All properties subject to division were identified in the statement of claim.
- The claims were formulated on the basis of the participation-in-acquisitions regime.
Stage 3 – Expert valuation
- The court ordered an expert examination to determine the market value of the properties.
- The lawyers participated in the on-site inspections and closely monitored the selection of comparable properties and the valuation methodology.
- The expert report established the value of the assets, including a high-value property assessed at tens of millions of Turkish lira.
Stage 4 – Current status
The expert report has been prepared and is to be served on the parties. The court has adjourned the hearing to allow the parties to examine the report and submit their observations. The lawyers are preparing written comments and arguments concerning the valuation. The next hearing is scheduled for autumn 2026.
Results achieved for the client
- The foreign divorce judgment has been successfully recognised by a Turkish court.
- The property-division action was filed before the expiry of any limitation periods.
- An expert valuation establishing the market value of the properties has been completed.
- The necessary foundation has been laid for a fair determination of the client’s share in the jointly acquired assets.
- The proceedings remain under the control of the lawyers at every critical stage.
Conclusion
The division of property following a divorce granted abroad is a complex but manageable process. Success depends on the correct sequence of steps (first recognition of the foreign judgment, then the property-division action) and rigorous supervision of the expert valuation.
RT-Union lawyers handle such cases before the family courts of Antalya and have practical experience both in the recognition of foreign judgments and in complex property-division disputes.
