WHAT IS A FAMILY RESIDENCE?
In order for the family residence annotation to be processed, the immovable property subject to the request must have the characteristics of a family residence. Family residence is a legal institution that is reserved for the spouses to live together and secures the right of both parties to live in the same residence. In order for a dwelling to be considered a family dwelling
A legal marriage union must be established between the spouses.
The residence chosen by the spouses must be used in accordance with the law.
The dwelling must have been made the centre of life by the spouses and must be able to protect them from external dangers under normal conditions.
The family must have a lawful reason for living there. The dwelling must not be used for unlawful purposes.
WHAT IS A FAMILY RESIDENCE ANNOTATION?
Family residence annotation is regulated in Article 194 of the Turkish Civil Code;
“Unless one of the spouses has the express consent of the other spouse, he/she cannot terminate the lease agreement regarding the family residence, transfer the family residence or limit the rights on the family residence.
The spouse who cannot provide consent or whose consent is not given without a justifiable reason may request the intervention of the judge.
The spouse who is not the owner of the immovable property dedicated as a family residence may request the land registry office to make the necessary annotation regarding the residence in the land registry.
If the family residence is provided by one of the spouses by rent, the spouse who is not a party to the contract shall notify the lessor.”
The annotation of the family residence is a tool to prevent the non-owning spouse from limiting his/her powers of disposition on the immovable property without his/her consent. The spouse who does not have the right of ownership regarding the immovable property allocated for use as a family residence may apply to the relevant land registry office with the necessary documents and request this annotation to be recorded in the land registry. Another way for the annotation of the family residence to be recorded in the land registry is the application of a court decision. By filing a lawsuit regarding the annotation of the family residence on the joint residence, you can apply to the land registry with the decision regarding the acceptance of the lawsuit and ensure that the annotation of the family residence is recorded on the residence.
Likewise, even if the ownership of the immovable property does not belong to the spouses, the spouse who is not a party to the lease agreement may apply to the land registry office with the necessary documents and request this annotation to be recorded in the land registry. After this process, the party requesting the annotation becomes a party to the lease agreement by notifying the lessor. As a result of this transaction, the lease agreement cannot be terminated by the spouses without the consent of the other.
HOW TO PUT A FAMILY RESIDENCE ANNOTATION?
It is possible to apply to the land registry office in the location of the immovable property where you want the family residence annotation to be placed with the necessary documents. At the same time, it is possible to apply by uploading the necessary documents to the system via e-government. If your application is accepted, you will be called for signature by the land registry office. After the signature process is completed, the annotation will be placed on the relevant title deed.
WHAT ARE THE DOCUMENTS REQUIRED FOR FAMILY RESIDENCE ANNOTATION?
The documents required for the annotation of family residence are as follows;
Application petition
A document showing that the addresses of the applicant and his/her spouse live in the immovable property to be annotated. (It can be obtained from the municipality or mukhtar’s office.)
Marriage certificate or a copy of the civil registry showing that the applicant is married to the owner.
Identity card with photo and photocopy.CAN THE LAWYER PUT A FAMILY RESIDENCE ANNOTATION?
It is possible for your lawyer, whom you have given power of attorney, to make the necessary applications on your behalf.
DOES THE FAMILY RESIDENCE ANNOTATION PREVENT THE SALE?
The existence of a family residence annotation on the title deed of the immovable property does not prevent the sale. However, in this case, it is accepted that the person who buys the real estate knows that the real estate is used as a family residence. If such a sale is made without the consent of the spouse, the spouse whose consent is not obtained will be able to cancel the title deed by filing a lawsuit.
CAN THE FAMILY RESIDENCE ANNOTATION BE SEIZED?
It is possible to attach the family residence annotation.
HOW TO REMOVE THE FAMILY RESIDENCE ANNOTATION?
In order to remove the annotation of family residence, a “family residence annotation cancellation lawsuit” must be filed. In this case, it is necessary and sufficient to prove one of two arguments: It is sufficient to prove that the relevant real estate has never had the quality of family residence or that the quality of family residence has ended. However, in some cases, one or both of the parties have the right to apply to the land registry office and request the annotation to be removed, in which case the annotation will be removed as a result of the application made without the need to file a lawsuit. Although these situations are not limited, they can be counted as divorce, death of one of the spouses, annulment of the marriage, request for removal of the annotation by the non-owner spouse.
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