The Ministry of Environment and Urbanization has implemented the Family Residence Sheriff, which prevents married couples from selling their houses without the consent of their spouses. Prior to the Family Dwelling Strip regulation in the real estate sector, the sale of the house without the consent of the spouse could only be prevented by a court decision.

With the Family Residence Annotation regulation, the title deeds of the houses where married couples live together are now registered to the family, not to a person. With the regulation, the spouse who owns the title deed will not be able to sell or mortgage the house without the consent of his/her spouse in case of disagreement, divorce or arbitrarily.

We have summarized the details of this important practice, which includes the right of disposition on the house where the family lives within the scope of the joint consent of the spouses.

The residence where the spouses live as long as the marriage continues is called the family residence. The Family Residence Annotation is a legal regulation that prevents one of the spouses from disposing (making a transaction such as selling or renting) on the residence without the consent of the other by annotating the title deed.

The Family Residence Annotation is put in order to prevent the one of the spouses registered on the title deed from transferring and assigning it to third parties without asking the other spouse. With the entry into force of the Turkish Civil Code No. 4721, the Family Residence Annotation regulation, which is included in our legal system, has gained a place not only in family law but also in many areas such as enforcement law, inheritance law, real estate law by reference.

In this context
- One of the spouses cannot terminate the lease agreement regarding the family dwelling, transfer the family dwelling or limit the rights on the family dwelling unless the other spouse has explicit consent.

- 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 rented by one of the spouses, the spouse who is not a party to the contract becomes a party to the contract by notifying the lessor, and the spouse who notifies the lessor becomes jointly and severally liable with the other spouse.

Family Residence Annotation is an important right granted by law to the spouse who is not the owner of the residence where the marriage union is maintained. The purpose of the Family Residence Annotation is to protect the rights of the marital union and the spouses by restricting their right of disposition on the residence. The effect of the Family Residence Annotation is limited to the duration of the marriage union.

What are the Documents Required for Family Residence Annotation?

According to the Land Registry Regulation, the documents required to annotate the family residence are as follows

- A document from the mukhtar's office and, if any, the apartment building management stating that the residence is a family residence

- If the relevant land registry office deems necessary; the cadastral directorate determines that the immovable whose title deed information is declared is the same as the immovable for which annotation is requested.

- Marriage certificate or a copy of the civil registry showing that the person is married to the owner

- Identity card with photo and photocopy. Also a passport size photo

- Power of attorney if the transaction is made by a proxy or representative

Is Family Residence Annotation an Obstacle to Sale?

The existence of a Family Residence Annotation in the title deed of the immovable property is not an obstacle to 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 non-consenting spouse will be able to cancel the title deed by filing a lawsuit.