Property Regime Regulation in the Turkish Civil Code

In Türkiye, a "participation in acquired property" regime is legally applied between spouses upon marriage. This regime accepts that the properties acquired by the spouses during the marriage are common. Personal property includes assets acquired, donated or inherited before the marriage. When each property falls into this class, its nature, method of acquisition and purpose of use are taken into consideration.

If the spouses want to choose a different regime, such as property separation or shared property separation, outside of this legal regime, they must draw up a property regime contract before a notary . Unless otherwise stated, partnership is the basis for every marriage.

Is Spouse Approval Required for Sale of Goods?

The spouse's approval is not required for every property. However, this rule works differently for some real estates and common living areas. Especially for real estates used as " family residences ", the spouse's knowledge and permission are mandatory.

  • The sale of a house, land or workplace registered in the land registry cannot be made without the explicit consent of the spouse if it is a family residence.

  • As a rule, the consent of the spouse is not required for the sale of movable property such as cars; however, if it was acquired during the marriage, it can be the subject of a property division lawsuit during the divorce phase.

One of the most common problems in Antalya is when one spouse sells a high-value property, such as a house or land, without the other spouse knowing. Although this sale is sometimes considered legally valid, it is possible to take it back.

Validity of Sale Made Without the Spouse's Knowledge

If the property sold is a " family residence " and a family residence entry is made on the title deed, a sale made without the spouse's consent is considered invalid. If the title deed acts despite this entry, an annulment lawsuit can be filed.

However, if there is no such annotation on the title deed and the buyer is in good faith , the sale transaction can be considered legally valid. In other words, a sale made without the spouse's knowledge, although it may be considered legal in some cases, may lead to loss of rights. Therefore, the importance of the family residence annotation is great.

Examples of Disputes on This Issue in Antalya

In Antalya, many deed cancellation and registration cases have been filed regarding real estates sold without the spouse's consent. Especially in regions such as Kepez, Muratpaşa and Döşemealtı, cases where houses used as family residences are secretly transferred by one of the spouses are frequently encountered.

These types of events usually occur during the divorce process. One spouse transfers the real estate to a third party in order to hide the property before the lawsuit is filed. When the other spouse learns of this situation and applies to the court, the subject of the lawsuit is usually " cancellation of the disposition " or " cancellation and registration of the title deed ".

Legal Effect of Family Residence Notification

The family residence annotation is a notice recorded in the title deed of the house where the spouses live together. With this annotation, the spouse's express written consent is required for transactions such as the sale, transfer or mortgage of the real estate. Otherwise, the transactions may be considered legally invalid .

In notary transactions, since the consent of the spouse is required for annotated houses, the seller cannot usually do the transaction alone. Many notaries in Antalya are particularly sensitive about this issue and if there is a family house annotation on the title deed, they definitely request the signature of the other spouse.

Lawsuits That Can Be Filed Against Sales Made Without Spouse's Consent

Rights can be sought against sales of goods made without notice through the following legal means:

  • Title Deed Cancellation and Registration Case: The cancellation of the sale made despite the family residence record and the re-registration of the real estate in the spouse's name is requested.

  • Action for Cancellation of Disposition: It is a case filed against sales made with the intention of stealing goods, in order to prevent the spouse from being harmed.

  • Compensation Case: Compensation for damages suffered due to property regime violation may be requested.

In these cases, the manner in which the sale took place, its timing, the good faith of the buyer and the land registry records are taken into consideration.

How to Ensure That Your Spouse is Informed of the Sale of Assets?

Certain measures can be taken to ensure the security of property for both spouses within the marriage:

  • A family residence entry must be added to the title deed . For this, a document showing the address of residence and a petition are sufficient.

  • Obtaining consent from a notary provides legal protection during the transfer of property.

  • A property regime agreement made before or during marriage clarifies property rights.

In Antalya, such documents can be arranged in a short time at notaries or land registry offices.

Problems Encountered in Antalya Application and Solutions

The most common problem in Antalya is that the family residence record is not included in the title deed. For this reason, one of the spouses can easily transfer the house without the consent of the other. Another problem is the fake sales made by some buyers who appear to have good intentions.

When such cases are brought to court, the presence of a note, the intention of the buyer, the date of sale and other evidence are usually considered. Law practitioners in Antalya are careful to make decisions that protect the family unit. However, the outcome may vary depending on the content of the file.

Most Frequently Asked Questions

Can my spouse sell the house without asking me?
If the house is a family home and there is a note, it cannot be sold. If there is no note, it can be sold to a bona fide buyer.

Is consent required for car sales?
Generally, this is not necessary. However, if the vehicle is within the scope of acquired property, it will be subject to division during the divorce process.

A sale was made without a note, is it possible to cancel it?
It may be possible. Especially if there is bad faith sales, a lawsuit may be filed.

Can I file a lawsuit if the buyer is in good faith?
Yes. Even if there is good faith, the right to sue is protected in some cases.

Is a sale made in a divorce case valid?
Sales made after the lawsuit is filed may be cancelled if they were made with the intention of smuggling goods.

How to put a family residence annotation in Antalya?
By applying to the Land Registry Office, the process can be completed in a short time with a residence document and a petition.

Advice on Securing Property Between Spouses

No matter how strong the trust relationship between spouses is, transparency regarding assets is of great importance. Mutual information should be provided for deed transactions, sales or major expenses. If necessary, a property regime agreement should be made to clarify which regime the property acquired during the marriage is subject to. Especially in cities with high real estate values such as Antalya, such measures are vital for legal security.