Family residence refers to the real estate that meets the housing needs of the spouses living in the marriage union and their dependent children. In accordance with Article 194 of the Turkish Civil Code (TMK), family residence is the immovable property on which the family residence annotation has been placed, even if it belongs to the assets of one or both spouses. This annotation aims to protect the family home and prevent it from being transferred without the consent of one of the spouses.
In some cases, one spouse may sell or transfer the family home without the consent of the other spouse. In such cases, the spouse whose consent was not obtained may request the cancellation of the title deed registration and the registration of the family residence on himself by filing a lawsuit for title deed cancellation and registration based on the family residence.
What is the Deed Cancellation and Registration Case Based on Family Residence?
The title deed cancellation and registration case based on the family residence is a type of lawsuit in which the aggrieved spouse requests the cancellation of the title deed registration and the registration of the family residence on himself if the family residence is sold or transferred without his consent. This case aims to ensure that the family home is protected and that the spouses’ right to housing is not violated.
Who Can File a Case?
The title deed cancellation and registration case based on the family residence can be filed by the spouse who is aggrieved due to the sale or transfer of the family residence without his/her consent. If the spouses’ marriage continues, the lawsuit can be filed by both spouses. If the spouses are divorced, a lawsuit can be filed as long as the family residence maintains its status as a family residence.
What are the Case Conditions?
In order to file a title deed cancellation and registration case based on family residence, the following conditions must be met:
The real estate must have the characteristics of a family residence.
The family home must be sold or transferred without consent.
The victimized spouse must need family housing.
How to File a Case?
The title deed cancellation and registration case based on the family residence is filed in the Civil Court of First Instance where the family residence is located. In the petition, issues such as the definition of the family residence, the sale or transfer without consent, and the aggrieved spouse’s need for the family residence should be explained in detail. In addition to the petition, documents showing that the family residence qualifies as a family residence must also be submitted.
What will be the outcome of the case?
After examining the evidence, the court decides whether the family residence qualifies as a family residence, whether the sale or transfer without consent is valid, and whether the aggrieved spouse needs the family residence. If the court decides that the family residence has the characteristics of a family residence and that the sale or transfer made without consent is invalid, it cancels the title deed registration and registers the family residence on the aggrieved spouse.
Points to be taken into consideration regarding the Deed Cancellation and Registration Case based on Family Residence:
The title deed cancellation and registration case based on family residence is a case that should be filed in consultation with an expert lawyer.
In the petition and the documents submitted, it must be clearly stated that the family residence has the characteristics of a family residence and that any sale or transfer made without consent is invalid.
The litigation period is 5 years. If a lawsuit is not filed within this period, the aggrieved spouse’s right to file a lawsuit is lost.