{"id":5308,"date":"2024-07-23T09:40:26","date_gmt":"2024-07-23T06:40:26","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=5308"},"modified":"2024-07-19T10:44:05","modified_gmt":"2024-07-19T07:44:05","slug":"aile-konutunun-sagladigi-haklar","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/aile-konutunun-sagladigi-haklar\/","title":{"rendered":"Rights Provided by Family Residence"},"content":{"rendered":"Family residence is the residence that is under special protection in the Turkish Civil Code (TMK) and meets the shelter needs of the family. This special protection was introduced to preserve the unity and integrity of the family and to secure the well-being of family members. The right to family housing continues to be protected under certain conditions in the event of divorce or separation, as well as the house where the spouses live together.
\nFeatures of Family Residence:
\n\u2022 Single Residence: Family residence is, as a rule, a single residence. If there is more than one residence, the spouses decide together which one will be chosen as the family residence.
\n\u2022 Continuation of the Marital Union: Family home protection is maintained throughout the continuation of the marital union. In case of divorce or separation, it may continue to be protected under certain conditions.
\n\u2022 Meeting the Family’s Shelter Needs: The family residence must be capable of meeting the family’s shelter needs.
\nRights Provided by Family Residence:
\n\u2022 Non-Transferability of Family Residence: One of the spouses cannot transfer the family residence without the express consent of the other spouse.
\n\u2022 Failure to Mortgage the Family Residence: Mortgage or pledge cannot be established on the family residence without the express consent of one of the spouses.
\n\u2022 Not Renting the Family Residence: The family residence cannot be rented without the express consent of one of the spouses.
\n\u2022 Protection of the Family Home in Divorce: In case of divorce, who will stay in the family home is determined by the spouses by agreement. If an agreement cannot be reached, it is decided by the family court.
\nProtection Period of Family Residence:
\n\u2022 Continuation of the Marital Union: Family home protection is maintained throughout the continuation of the marital union.
\n\u2022 Divorce or Separation: In the event of divorce or separation, family home protection may continue to be maintained under certain conditions. These conditions are:
\no Presence of Dependent Children: If one of the spouses and the dependent children live together, the family residence is protected in favor of this spouse.
\no Spouses’ Agreement: Spouses can reach an agreement regarding the protection of the family home.
\no Equitableness: The family court can evaluate whether the protection of the family home is equitable and decide accordingly.
\nOther Issues Regarding Family Housing:
\n\u2022 Family Residence Cases: Disputes regarding family residence are resolved in family courts.
\n\u2022 Exceptions to the Right to Family Housing: The right to family housing is subject to some exceptions. For example, if the family home is seized for debt or if the family home is acquired due to crimes such as theft or extortion, the protection of the family home may be eliminated.","protected":false},"excerpt":{"rendered":"

Family residence is the residence that is under special protection in the Turkish Civil Code (TMK) and meets the shelter needs of the family. This special protection was introduced to preserve the unity and integrity of the family and to secure the well-being of family members. The right to family housing continues to be protected […]<\/p>\n","protected":false},"author":12,"featured_media":5310,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5308","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5308","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=5308"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5308\/revisions"}],"predecessor-version":[{"id":5311,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5308\/revisions\/5311"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/5310"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=5308"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=5308"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=5308"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}