The legal recognition of civil communities among persons of the same gender, the use of the house during divorce, and the rules on husbandly property are some of the issues that the new Civil Bill has dealt with, which the Ministry of Justice has issued in public consultation.
The document aims to unify and harmonise laws that currently regulate family relations, ownership, contracts and heritage.
However, review of the draft and comparison with the legislation in effect indicate that not all its provisions are innovation.
Some rights have existed for years, while the proposal also brings on more detailed adjustments that may directly affect citizens.
Civil communities of same-gender people
The most visible change to current legislation lies in Article 1138, which envisions recognition of civil communities among persons of the same gender.
The registered civil ties between people with same sex are allowed. )
Conditions and procedures for registering civil communities are envisioned to be determined by special law.
This provision is not the new 2026 proposal. She was also involved in the draft that failed to be approved in the Assembly in March 2022.
The Justice Ministry has maintained the formation despite objections it had caused.
Who can use home during divorce?
A more detailed arrangement is proposed for the use of family residence during divorce procedures.
Article 1198 predicts that one mate can seek the sole use of the house or part of it until marital conflict persists.
The court should examine the interests of children, the eventual domestic violence, and the financial condition of the marriage mates.
The current law on the Family, Article 71, already allows for temporary measures to support and establish a mate.
But the draft does more specifically define the possibility of exclusive use of the house during the judicial process.
This does not mean changing the owner of the residence, but the temporary regulation of its use.
Common property: A marriage mate’s registration standard
Article 1174 predicts that the husband, whose name does not figure on common property, could at any time require his registration as a co-owner.
Even at present, the Family Law recognizes common ownership, regardless of whether one mate is found in documents.
Likewise, common property cannot be removed without mutual consent.
The change, therefore, lies, not in creating a new property right, but in the most expressed forecast of the opportunity for registration.
Another provision, Article 1171, deals with investing exclusive property in shared wealth.
According to the draft code, the value of the particular invested wealth remains unchanged, despite increased or reduced shared wealth.
This formulation raises questions about the way the individual contribution is calculated during the division of property.
Ordinary Heritage: The Change Links to loon
The draftod also contains provisions for the oral will, but this possibility already exists in the Law of Heritage.
The innovation in the 1549 article is the expressed inclusion of notary as an institution where witnesses can submit the oral will.
Current law, Article 83, mentions his appearance in court.
The essential condition remains the same: Oral will is allowed only under extraordinary circumstances, before two witnesses.
Billing Still Not a Law
The Justice Ministry has published the draft consultancy on October 27, 2026.
The deadline for submitting comments is November 16th 2026.
After that phase, the document must pass further government and parliamentary procedures.
Until its adoption and entry into force, civil relations continue to be regulated by current laws.
Seyitgazi province of Eskisehir.
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