If the marriage ends only with a divorce or annulment decision, the protection provided by the Turkish Civil Code to the "family residence" also ends.
The sale of the family residence by the rightful spouse owner and the restriction of the rights on the residence depends on the express consent of the other spouse. Without this consent, the savings related to the house loses its validity. This invalidity can be asserted throughout the marriage, provided that the spouse whose consent is required continues to condone this.
It has been stated that one of the spouses may not terminate the rental agreement regarding the family residence, transfer the family residence or limit the rights in the family residence without the express consent of the other spouse. This, therefore, means that although the family residence has not been put in accordance with the provision, the legal capacity of the spouses on the family residence where they live together is restricted. The restriction was brought not because a family residence contract was placed, but because the residence is a family residence. For this reason, even if the family residence is written on the contract but is not given to the title deed, that residence has the characteristics for a family residence and therefore cannot be rented without both partners signatures.
The spouse, who is the owner of the family residence, cannot prevent the family residence along with a sale because it puts the family under stress which is not permitted by law. Therefore home sales can only be made with the express consent of the other spouse. No form of validity is foreseen in terms of express consent, and such consent can be given orally, without being subject to a form. If the marriage ends only with a divorce or annulment decision, the protection provided by the Turkish Civil Code to the "family residence" also ends. The protection brought in favour of the non-owner spouse regarding the family residence starts when the owner spouse is alive and continues after the death of the owner spouse. In cases where it is accepted that there is no valid transaction, it cannot be thought that the death of the owner spouse will legalise this transaction. In cases where the legal benefit of the non-owner spouse in filing this lawsuit continues after the death of the owner spouse, it does not matter whether the owner spouse dies before or after the lawsuit is filed.
Therefore in summary whether a property is a rental or it is owned it cannot be sold without both partners legal consent. Divorce or the death of a spouse changes the legal pattern to ownership of the other partner.
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