Legal Significance of the Family Residence Annotation The subject of family residence annotation is a quite important sub
The Legal Significance of the Family Residence Annotation
The issue of the family residence annotation is a highly significant one. Namely, in order to protect the legal rights of the other spouse when real estate acquired during the marital union is registered in the name of one of the spouses at the Land Registry Office, it is necessary to declare that the property is a family residence. To have a family residence annotation placed, one must apply to the Land Registry Office where the real estate is located with a Turkish ID card, marriage certificate, and title deed. Once the relevant Land Registry Office examines the application and the documents submitted by one of the spouses in detail and determines that there are no issues, it will process the family residence annotation on the property.
For the family residence annotation, one spouse can apply to the land registry for a house registered in the name of the other spouse and have the family residence annotation placed. For this purpose, the applying spouse can submit an application to the Land Registry Directorate with a petition, a document obtained from the neighborhood headman (muhtar) proving that the residence is a family residence, a detailed family population registration sample obtained from the population directorate, or a marriage certificate.
What is the purpose of the Family Residence Annotation?
With the family residence annotation, neither spouse may terminate the lease agreement regarding the family residence without the express consent of the other spouse. Even if they are the title deed owner of the family residence, they cannot sell this property or limit the rights over it.
What happens if the owner spouse sells the property with a family residence annotation?
If the family residence is sold despite having a family residence annotation placed on the title deed, this sale is invalid.
What happens if the Family Residence Annotation has not been placed in the Land Registry and the family residence has been sold to 3rd parties?
The concept of good faith is important here. If the third party purchased the real estate knowing that it was a family residence, they cannot be considered to have acted in good faith, and thus the sale is invalid. However, if the third party purchased the property in good faith, relying on the land registry record without knowing that the relevant property was a family residence, then the sale is valid.
Can the sale of a house be canceled if the family residence annotation has not been placed in the Land Registry?
If the third party purchased the real estate knowing it was a family residence, the sale is invalid because good faith will not be taken into account. However, for this to occur, the spouse whose consent was not obtained must file a title deed cancellation and registration lawsuit. As a result of this lawsuit, the sales transaction made and the title record regarding the family residence registered in the name of the third party will be canceled. However, if the third party purchased the property without knowing that it was a family residence, the sale remains valid as their good faith is protected.