KÜHEYLAN HUKUK
Inheritance Right of the Surviving Spouse: Liquidation of Property Regime, Family Residence and Right of Residence. Legal framework of the surviving spouse's share of inheritance, participation receivables and the right to stay in the house at the death of the spouse. Legislation and case law information has been compiled as of October 2026. Decision information was taken from the decisions of the 2nd Civil Chamber of the Supreme Court of Appeals dated 2025-2026.
When one of the spouses dies, the rights of the surviving spouse arise on two separate legal grounds. The first is the liquidation of the property regime: in the legal regime of participation in acquired property, the surviving spouse has a participation claim on half of the residual value of the acquired property of the deceased spouse. The second is inheritance: the surviving spouse inherits 1/4, 1/2 or 3/4 of the inheritance, depending on the group he/she is with (TMK article 499). In addition, the surviving spouse may claim ownership of the family residence where they live together (TCC Art. 652) or usufruct or residence rights as a deduction for participation receivables (TMK Art. 240). The order is important: first the property regime is liquidated, and the inheritance is shared over the remaining estate.
The rights of the surviving spouse are often perceived as a single right. However, these are independent of each other and can be used together. The property regime ends with the death of one of the spouses (TMK article 225). At the time of termination, the spouses' assets are separated, participation receivables are determined, and only then does the estate emerge. The participation receivable of the surviving spouse is the debt of the estate and is paid before the share is distributed to other heirs.
Therefore, it is possible for a spouse to receive both a participation receivable and an inheritance share. The 2nd Civil Chamber of the Supreme Court of Appeals clearly emphasized this double position in its decision dated 26.02.2026 (E.2025/2543, K.2026/2267): the surviving spouse of the plaintiff becomes partially responsible for the debts of the estate, on the one hand, as the creditor of the estate, and as the heir on the other hand, and the calculation should be made taking these two attributes into consideration.
Participation in acquired property (legal regime) If the spouses have not chosen another regime, as of 01.01.2002 Participation claim over half of the residual value of the deceased spouse's acquired property
separation of property If chosen by marriage contract Participation receivables do not arise; rights are based solely on inheritance share
Shared property separation If chosen by marriage contract The right to share at the rate agreed in the contract
property partnership If chosen by marriage contract Partnership share in the contract for joint property
In the legal regime, assets are divided into two: personal property and acquired property. Earnings from work, social security payments and income from personal property are acquired property. Goods received through inheritance or donation, personal belongings and non-pecuniary damages are personal property. Each spouse is entitled to a claim on half of the other's residual value.
The Turkish Civil Code has introduced two separate protections for the residence so that the surviving spouse can continue his old life.
In property regime liquidation TMK article 240 Usufruct or right of residence; property if there is just cause If the participation fee is not sufficient, the fee will be added.
In inheritance sharing TMK article 652 Ownership; usufruct or right of residence if there is a justified reason share of inheritance
household goods TMK art.240/2, art.652 Ownership Participation receivable or inheritance share
These rights cannot be used in areas where the decedent practices a profession or art and it is necessary for one of his descendants to continue the same profession. Inheritance provisions regarding agricultural lands are also reserved.
The 2nd Civil Chamber of the Supreme Court of Appeals adopts a broad interpretation on this issue. In its decision dated 25.12.2025 (E.2024/6408, K.2025/11999), the chamber overturned the decision rejecting the recognition of ownership or usufruct rights, stating that the fact that the deceased spouse has only 1/6 share in the house and that the real estate appears as "land" in the title deed will not prevent it from qualifying as a family residence. In its decision dated 26.02.2026 (E.2025/9122, K.2026/2234), it was concluded that the right of the surviving spouse, who is not the owner, to sue against the disposition of the family home without his consent does not end with the death of the owner spouse, and that the lawsuit can be continued based on the title of inheritance.
If ownership is recognized, the surviving spouse may be obliged to pay to other heirs. In its decision dated 19.06.2025 (E.2024/5685, K.2025/6172), the 2nd Civil Chamber of the Supreme Court of Appeals pointed out that the amount to be deducted should be limited only to the part for which the other heirs are responsible, and the part corresponding to the surviving spouse's share of the inheritance should be deducted from the account.
4. How Does Liquidation and Inheritance Sharing Work?
1. Asset determination All assets at the date of death are divided into acquired and personal property. Acquired goods, as a rule, do not require proof; Personal property claims require proof (TMK article 222).
2. Valuation Version values at expiration (death) are determined The value at the time of liquidation and the value at the date of death are calculated separately
3. Participation receivable The residual value of each spouse is calculated and mutual receivables are offset. The net receivable debiting the estate is paid before the heirs.
4. Request for family housing Ownership, usufruct or residence rights are required in accordance with TMK Article 240 or Article 652. If the claim exceeds the value to be offset, the fee is added
5. Sharing of inheritance Net estate is distributed according to class Spouse's share is calculated according to TMK article 499
Cases regarding the liquidation of property regime are heard in the family court. The certificate of inheritance is obtained from the civil court of peace. In the liquidation case, the defendant is all the heirs of the deceased spouse and the case must be directed against these heirs together.
Divorced spouses cannot be legal heirs of each other. If one of the spouses dies while the divorce case is ongoing, if one of the deceased spouse's heirs continues the case and the fault of the other spouse is proven, the surviving spouse's right to inheritance and rights arising from death-related dispositions made before the divorce terminate (TCC Art. 181). Therefore, at this stage, in case of death, the heirs' decision to continue the case directly affects the outcome.
Unrequited earnings made by the spouse while he or she is alive also affect the liquidation. If the estate is not sufficient to pay the liquidation debt during the liquidation of the property regime, it is possible to file a lawsuit against the third party in whose favor the gratuitous gain was made. The 2nd Civil Chamber of the Supreme Court of Appeals stated in its decision dated 23.09.2025 (E.2024/9072, K.2025/7722) that this liability will only come to the fore when the estate is insufficient.
H.T. died in 2026. He is survived by his wife Elif and two children. Spouses are subject to the legal regime. The residual value of H.T.'s acquired properties is 8,000,000 TL, and the value of his personal properties is 2,000,000 TL. Elif's residual value is 2,000,000 TL. The residence where the spouses live together is H.T. It is registered in his name and its value is 5,000,000 TL.
4,000,000 TL, which is half of H.T.'s residual value, is Elif's receivable, and 1,000,000 TL, which is half of Elif's residual value, is the estate's receivable. As a result of the offset, Elif receives a participation receivable of 3,000,000 TL from the estate. The net estate is 10,000,000 TL minus 3,000,000 TL, that is, 7,000,000 TL. Elif, together with her descendants, is entitled to 1/4 of the inheritance, that is, 1,750,000 TL. Each child's share is 2,625,000 TL. Elif's total rights reach 4,750,000 TL. If he requests that the house be allocated to him, the house worth 5,000,000 TL will be offset against his participation receivable and inheritance share, and the difference will be paid to the other heirs.
Can the surviving spouse be evicted from the home?
If there is no agreement between the heirs, the surviving spouse may claim rights on the house within the scope of TMK Article 240 and Article 652. Selling the house or dissolving the partnership without exercising this right may harm the rights of the spouse.
Are property acquired before marriage also included in the property regime?
Property acquired before marriage and property acquired through inheritance are personal property. These are not included in the participation receivable account, but are included in the estate in the inheritance share account.
If there is a property separation agreement, will the rights of the spouse be eliminated?
Property regime rights are abolished, but the title of inheritance and share of inheritance do not change. Claim rights on the family home can also be used as a deduction for the inheritance share.
How long does it take for a participation claim lawsuit to be filed?
In practice, the general limitation period of 10 years is taken as basis. The beginning of the period is the date when the property regime ends. Since evidence and value determination becomes more difficult as time goes by, it is recommended not to delay the transactions.
Does an imam-married spouse have rights?
Legally, marriage is established through a civil marriage. A person who lives only in a religious marriage is not a legal heir and cannot request property regime liquidation.
Attempting to share property solely based on the inheritance certificate without having the property regime liquidated.
Failing to document personal property claims and ignoring the presumption of acquired property
Not taking into account that the surviving spouse is partially responsible for the estate debts as an heir.
The rights of the surviving spouse, property regime liquidation, inheritance share and family residence demands can only be protected with correct calculation. Küheylan Law Firm manages every stage in harmony, from the determination of assets to the calculation of participation receivables, from the claim on the family home to the sharing of inheritance. Legal evaluation to be carried out immediately after the death of the spouse prevents loss of rights and prevents domestic disputes from turning into long lawsuits.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
KÜHEYLAN HUKUK