Property and lease

Family residence annotation

An entry on the title of the spouses' shared home preventing transactions over it without the express consent of the non-owner spouse.

All terms

The family residence annotation is an entry on the title of the home in which the spouses live together, subjecting dispositions over it to the other spouse's consent. The owner spouse cannot sell the home, mortgage it or terminate its lease without the express consent of the non-owner spouse.

The entry may be made upon the unilateral application of the non-owner spouse, supported by the marriage certificate and documents showing residence. The protection stems from the property's status as the family home; the annotation makes it visible to third parties. Transactions made without consent may be treated as invalid by Turkish courts and set aside.

The protection lasts while the marriage continues; removal may be requested once a divorce becomes final or the property loses its family-home character. Banks routinely requiring the other spouse's consent for mortgage transactions is the everyday reflection of this rule.

Statutory basis

  • TMK m.194

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.