Can One Spouse Sell the Family Home? (Everything About Family Residences)

Can One Spouse Sell the Family Home? (Everything About Family Residences)

🏠 Family Home and Sale Restrictions
According to the Turkish Civil Code, any sale, transfer, or mortgage transaction involving the family home requires the mutual consent of both spouses. One spouse cannot sell the family home alone, as it holds a special legal status to protect family unity.

📜 Registering a Family Home Annotation in the Land Registry
If the family home annotation is recorded in the land registry, the spouse who owns the property cannot sell it alone. This annotation prevents transactions without the consent of both spouses.

⚖️ Legal Protection Even Without an Annotation
Even if a family home annotation has not been registered, a court can still recognize the property as a family residence upon request. The court may cancel any unilateral sale transaction to protect family unity.

🔄 Rental Properties and Tenant Rights
The family home concept applies not only to owned properties but also to rental homes. In a rented home, one spouse cannot independently sign an eviction commitment; the other spouse’s written consent is required.

👨‍👩‍👧‍👦 Family Home in Divorce Proceedings
During or after a divorce:

• The court may allocate the home to one spouse based on the best interests of the children.
• One spouse may continue living in the home after the divorce, while the other may be required to cover rent and expenses.

💰 Debt and Seizure Protections

• A family home cannot be seized due to bank debts.
• If mortgage installments were paid jointly during the marriage, that portion is considered shared property and must be divided.

✅ Legal Safeguards for Family Homes
The family home annotation is essential to prevent unfair transactions and protect the rights of spouses. Legal consultation is recommended for any sale, transfer, or mortgage decisions.