In case one of the spouses dies before the divorce decision is finalized the surviving spouse's inheritance

Marriage can end for many reasons. Death and divorce are also among the cases that terminate a marriage. In the legal order, the termination of the marriage due to death and the termination by divorce have different legal consequences. If the marriage ends with death, the surviving spouse may be the heir to the deceased spouse, while in case of divorce, the spouses cannot inherit from each other. If one of the spouses dies while the divorce case is ongoing, the problem arises of which provisions should be applied. For this reason, the regulation has been included in the Turkish Civil Code under the provision 181/2. According to this regulation, if one of the spouses dies while the divorce case is ongoing, the heirs of the deceased spouse have the opportunity to continue the case to prove the fault of the surviving spouse and thus prevent the surviving spouse from becoming the heir.