Family Residence Annotation and Spousal Consent

The Turkish Civil Code gives special protection to the home a family lives in together. Regardless of whose name it is registered under, neither spouse may transfer the family residence, restrict rights over it, or terminate its lease without the other spouse's explicit consent.

What is a family residence annotation?

The non-owner spouse can apply to the land registry directorate to have a 'family residence' annotation entered on the property's record. The annotation notifies third parties that the home is a family residence and that transfer requires the other spouse's consent.

Is a buyer safe if there is no annotation?

Family-residence status does not depend on the annotation; even without one, if the home is in fact a family residence, a transfer made without consent can be challenged. For this reason, when buying from a married seller the home the family lives in, obtaining the other spouse's written consent is the safest approach. Land registry directorates also ask about this in practice.

• Ask about the seller's marital status.
• If the home being sold is the family's residence, ask for the spouse to be present at the title deed office or to bring a notarized consent document.
• If a divorce case is ongoing, check whether there is an injunction on the property.