What is Family Housing?
Family residence is defined as the residence where the spouses live together as long as the marriage continues. While this residence can be a detached house, flat or villa, private residences such as a hostel or lodging where spouses stay with their children may also be included in the scope of family residence.
Features of Family Residence
The family residence annotation is only valid as long as the marriage union continues. In cases such as divorce, death of one of the spouses or decision to live separately, the family residence annotation is automatically lifted.
The family residence annotation prevents one of the spouses from disposing of the residence without the consent of the other. This includes selling, renting, taking out a mortgage or transferring the property in any way.
The family residence annotation was established in favor of both spouses. That is, both spouses can impose or remove an annotation for the protection of the family home.
The family residence annotation is recorded as an annotation in the land registry. In this way, everyone can see that this property is a family residence and has a special status.
How to Apply Family Residence Annotation?
The documents required to place a family residence annotation are as follows:
Marriage certificate
Family residence declaration (can be obtained from the headman)
Land registry declaration
identity cards
title fees
One of the spouses who wants to place an annotation on the family residence can apply to the land registry office in their location, together with the necessary documents. Upon application, the land registry office will examine the family residence declaration and, after making the necessary checks, will record the family residence annotation in the land registry.
Can the Family Residence Annotation be removed?
The family residence annotation can be removed with the consent of both spouses. To do this, it is sufficient for the spouses to apply together to the land registry office and request that the annotation be removed.
Things to Consider About the Family Residence Annotation:
The family residence annotation is only valid as long as the marriage union continues.
The family residence annotation was established in favor of both spouses. A spouse cannot impose or remove an annotation on his own.
The family residence annotation must be recorded as an annotation in the land registry. Otherwise, it cannot be claimed against third parties that the house is a family residence.
It is recommended to consult a lawyer for more detailed information about the legal regulations regarding the family residence annotation.
Family residence annotation is an important tool for protecting the family home and strengthening family unity. Thanks to this annotation, neither spouse can sell or transfer the house without the consent of the other, so the family can protect their home without suffering.
