TMK Article 194: The consent of the other spouse is required for disposition on the family residence.
Family Residence
- The residence where the spouses live together
- There may be a single residence
- Annotation of "family residence" in the land registry records
Prohibited Transactions (Spouse Consent) Without)
- Selling
- Mortgagement
- Lease agreement
- Establishment of real rights on someone else
Spouse Consent as a Requirement
- Written consent
- Notarized is preferred
- Otherwise the transaction is invalid
Court Approval (Spouse Consent) In absence)
- If the spouse deliberately prevents it
- The court may give approval with reasonable justification
- Family court is authorized
Family Residence Annotation
- The spouse can apply to the title deed and have an annotation placed
- 3. notification to persons
- Later cancellation possible
Supreme Court 8th HD and 2nd HD
8. HD adopts that transactions made on the family residence without the consent of the spouse will be annulled due to "absolute invalidity".
Family law lawyer is recommended.