Introduction: The Status of Real Estate in Türkiye in International Marriages is a Frequently Asked Question

Since marriages between Turkish citizens and foreigners are now very common, the rights of foreign spouses regarding houses, land, summer homes, and commercial real estate located in Türkiye are frequently discussed.

As of 2025, the rights of foreign spouses regarding the acquisition, disposal, and sharing of immovable property have been clarified within the framework of the Turkish Civil Code, Land Registry Law, Military Restricted Areas Law, and Private International Law Act.

The most common misconception regarding international marriages is this:

"Can a foreign spouse buy real estate in Türkiye and receive a share of the proceeds from a divorce?"

This article details all the legal rights of foreign spouses regarding real estate in Türkiye.

---

1. Can a foreign spouse purchase real estate in Türkiye?

Yes.
Foreigners can buy real estate in Turkey, with certain exceptions.

However, it is subject to the following limitations:

• in military restricted areas .

• in the security zone .

• No more than 10% of a district's land area can pass into foreign ownership.

• Acquisition of immovable property exceeding 30 hectares is subject to the approval of the Council of Ministers (with exceptions).

Whether your spouse is Turkish or foreign does not change these restrictions.

---

2. Rights of a Foreign Spouse Over Real Estate Belonging to a Turkish Spouse

The critical point here is the property regime.

Real estate acquired within the marriage:

• Property acquired by the parties ,

• Share of property value in divorce ,

• Participation fee,

• Sharing rights

It falls within the scope.

Well:

A foreign spouse does not become a co-owner of the title deed of real estate owned by their Turkish spouse; however, they may acquire rights based on the value of the property.

This point is often misunderstood in Türkiye.

---

3. The Situation Regarding Real Estate Acquired Before Marriage

If the Turkish spouse acquired real estate before the marriage:

• Real estate is personal property.

• A foreign spouse has no property rights.

• However, they can claim a share of the increase in value.

For example:
If a house worth 1 million TL before marriage has increased to 5 million TL by the time of divorce → the foreign spouse of the increase if they contributed to it .

---

4. How Does a Marital Property Agreement Affect the Rights of Foreign Spouses?

The parties enter into a marriage contract:

• Separation of property,

• Community of property,

• Shared property separation

They can choose one of the regimes.

If separation of property was chosen:

A foreign spouse cannot claim any share of the property.

If co-ownership was chosen:

All immovable properties are considered common property.

The most commonly implemented regime in Türkiye:

It is the community property regime (standard regime).

---

5. Can a foreign spouse receive a share of real estate in Türkiye after a divorce?

Yes — but they won't receive a share from the title deed; their right to claim compensation will be based on the market value.

Property law and the transfer of immovable property lex rei sitae :

Only a Turkish court can make decisions regarding ownership of real estate in Türkiye.

Therefore, a foreign court's decision regarding the division of real estate is not valid in Türkiye.

---

6. Can a foreign court divorce decree divide real estate in Türkiye?

No.
Foreign court:

• The title deed in Türkiye,

• Property rights,

• Share ratios

cannot determine.

This decision contrary to public order and will not be recognized.

However, a foreign court compensation based on the value .

---

7. Real Estate Inheritance Rights of a Foreign Spouse in Türkiye

Foreign spouse:

• A Turkish spouse a legal heir .

• They can claim rights to the real estate as an heir.

• There are no citizenship obstacles to the transfer of real estate (except for exceptions).

However, the following limitations still apply:

• In military zones, foreign heirs are required to sell.

• Access permits are required in security zones.

---

8. Frequently Asked Questions Regarding Foreign Spouses

1. Can a foreign spouse buy real estate in Türkiye?

Yes.

2. Does a foreign spouse become a co-owner of a property registered in the land registry after marriage?

No. The right to a share only arises in terms of value upon divorce

3. Can a foreign court award property to a spouse?

No, the title deed is non-transferable.

4. Does a foreign spouse inherit a share of the inheritance?

Yes, as the surviving spouse, she is an heir according to the Turkish Civil Code.

5. If a property separation agreement has been made, can anyone claim any rights to it?

No, it can't even be included in the real estate valuation.

---

9. The Court of Cassation's Opinions Between 2023 and 2025

The Supreme Court's clear approach is as follows:

• A foreign court decision regarding the transfer of immovable property is unenforceable.

• However, the monetary value .

• There are no legal obstacles to a foreign spouse acquiring real estate in Türkiye

• Property regime calculations are necessarily subject to Turkish law

• Foreign spouses cannot be subjected to discrimination in inheritance matters.

These precedents have increased legal protections in international marriages.

---

10. Conclusion: The Rights of Foreign Spouses Regarding Real Estate in Türkiye Are Both Protective and Restrictive

According to the 2025 plan:

• Foreigners can buy real estate, but there are limitations

• In real estate acquired within marriage, a right to share the property based on its value arises

• A foreign court cannot issue a deed transfer order

• Inheritance rights are protected

• Property regime calculations are made according to Turkish law.

Therefore, in international marriages, real estate law must be handled with professional expertise.