{"id":8964,"date":"2026-05-01T12:38:39","date_gmt":"2026-05-01T09:38:39","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=8964"},"modified":"2026-05-11T12:09:06","modified_gmt":"2026-05-11T09:09:06","slug":"aile-konutu-serh","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/aile-konutu-serh\/","title":{"rendered":"Family Home Annotation"},"content":{"rendered":"
\"Aile<\/figure>\n\n\n\n

Family Home Encumbrance \u2013 Lawyer in Izmir<\/strong><\/p>\n\n\n\n

A family home restriction is a restriction that prevents spouses from independently disposing of a property designated as the permanent residence of their family.<\/p>\n\n\n\n

Turkish Civil Code<\/a>\u2019Article 19 of the Turkish Civil Code defines the location of the family home as "place of residence." Accordingly, a place of residence is the place where a family resides with the intention of staying permanently. Properties where spouses reside occasionally (such as summer houses or country houses) are not considered family homes. For a property to be considered a family home, a marital union must exist, and the spouses must reside in that property continuously. Therefore, properties inhabited by couples who are not legally married do not qualify as family homes.<\/p>\n\n\n\n

Article 194 of the Turkish Civil Code provides for specific regulations and restrictions regarding the dwelling where the family resides. Article 194- Neither spouse may terminate a lease agreement concerning the family home, transfer ownership of the family home, or restrict rights over the family home without the explicit consent of the other spouse.<\/em> A spouse who cannot obtain consent or is denied consent without a valid reason may request the intervention of a judge.<\/em> The spouse who is not the owner of the immovable property designated as the family home may request the land registry office to add the necessary annotation regarding the residence to the land register.<\/em> If the family home is provided by one spouse through a rental agreement, the spouse who is not a party to the contract becomes a party to the contract by notifying the landlord, and the notifying spouse becomes jointly and severally liable with the other spouse.<\/em><\/p>\n\n\n\n

When renting a property registered as a family home in the land registry, the crucial point to consider is having the registration removed or obtaining the consent of both spouses. Any transaction made on a family home without the consent of one spouse is invalid. The spouse whose consent was not obtained can file a lawsuit for the annulment of the transaction. In this context, according to Article 194 of the Turkish Civil Code, if one spouse terminates a lease agreement concerning the family home without the explicit consent of the other spouse, a lawsuit for a declaration of invalidity can be filed. If the family home is transferred, a lawsuit for the annulment and registration of the title deed registered in the name of a third party and its registration in the name of the spouse who is the owner can be filed. If the rights over the family home are restricted, a lawsuit for the annulment of these restrictions can be filed.<\/p>\n\n\n\n

As seen in the article:<\/u><\/em><\/p>\n\n\n\n