Comprehensive Information on Allocation of Family Residence to the Surviving Spouse
The death of a spouse is a difficult process for the spouse and children left behind. In addition to this difficulty, uncertainties may also arise in legal and financial matters. Among these uncertainties, the status of the family home also has an important place.
Article 652 of the Turkish Civil Code (TMK) provides the surviving spouse with the right to request that the family residence and household goods be granted ownership rights as a deduction for the right of inheritance in the event of the death of one of the spouses. This right is called allocating the family home to the surviving spouse.
What is Family Housing?
In the TMK, family residence is defined as the residence where spouses and their dependent children live together. This residence may be the spouses’ own property or may be rented. Even if the family residence belongs solely to one of the spouses, the other spouse also has the right to live together in the family residence.
What is Specification?
Appropriation is the process of separating a property from the common property of the heirs and giving it to a specific heir on account of his share of the inheritance. If the family home is allocated, the surviving spouse’s share of the inheritance is determined according to the value of the allocated family home.
What are the conditions for the family residence to be reserved for the surviving spouse?
In order for the family residence to be allocated to the surviving spouse, the following conditions must be met:
• One of the spouses must have passed away.
• The deceased spouse and the surviving spouse must be in a marital union.
• There must be a family residence where the deceased spouse and the surviving spouse live together.
• The surviving spouse must not have any dependent children.
• The surviving spouse must have a need to live in the family residence.
How to File a Case of Isolation?
In order for the family residence to be allocated to the surviving spouse, an allocation lawsuit must be filed in the Civil Court of Peace. The lawsuit can be filed by any of the heirs. The petition must include information such as the characteristics of the family home, its value, and the living needs of the surviving spouse.
Post-Litigation Procedures
If the court decides to accept the case, the value of the family home is determined by the expert. The determined value is deducted from the surviving spouse’s inheritance share. The surviving spouse can pay the remaining share of the inheritance to other heirs in cash or with assets.
Important Considerations
• Allocating the family home to the surviving spouse is not a right, but a demand. Upon request, the court may or may not make a decision on expropriation by making the necessary investigations.
• If the surviving spouse does not want to continue living in the family home, he does not have to request allocation. In this case, the family residence is shared among other heirs.
• If the family home is allocated, the surviving spouse does not have the authority to sell the home. The surviving spouse can only sell the house by obtaining the consent of all heirs.
• It would be useful to consult a lawyer for more detailed information regarding the assignment of family residence.
