Family Residence Annotation: Can Your Spouse Sell The House?

Turkish Civil Code attaches great importance to protection of house which is the living center of family. Even if house is on husband’s (or wife’s) name in title deed, if that house is “Family Residence”; it cannot be sold, rented or mortgaged without other spouse’s consent.

1. How is Annotation Put?

It is very simple. There is no need to go to court.

1. Get Residence Certificate from Mukhtar stating “You live together in that house”.
2. Get Marriage Certificate Copy from Civil Registry Office.
3. Go to Land Registry Office and say “This is our family residence, I want to put annotation”. Land registry officer processes the annotation without asking the owning spouse.

2. Effect of Annotation

After annotation is put;

• Your spouse cannot sell the house (Land registry officer says “Bring your spouse to sign”).
• Bank cannot put mortgage while giving loan (Asks for spouse’s consent).
• Cannot terminate rental agreement.

3. If Sale is Made Without Annotation?

If you forgot to put annotation and your spouse sold the house;

• Buyer can say “I am bona fide, I didn’t know” and win the title deed.
• However, if you prove that buyer was malicious (Knew you, knew the situation), you can get the house back by filing Title Deed Cancellation Lawsuit.

Frequently Asked Questions

Q: Does my spouse need to know to put annotation? A: No. You can go alone and put it. Your spouse’s consent is not required.

Legal Support: You can contact us to file cancellation lawsuit in case of fraudulent sale or mortgaging of your house.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.