Family residence is the residence where spouses live together and is the center of family life. TMK Article 194 prohibits arbitrary possession of this residence by a single spouse.
Family Residence Annotation
One of the spouses must obtain the written consent of the other spouse for dispositions such as termination of the rental agreement, transfer of the family residence, or sale or mortgage of the residence.
Against the disposition made without the consent of the spouse, a family residence annotation may be entered in the land registry.
How to Add Commentary?
Consequences of Commentary
- Transfer of the residence to someone else is subject to the written consent of the other spouse
- A sale without annotation is not invalid, but there is a bona fide third party situation
- The spouse may file an annulment lawsuit against the disposition made without his/her consent
Determination of Family Residence Case
If it is disputed that the house is a family residence, it is determined by the judge's decision.
Supreme Court 2nd HD Approach
The 2nd High Court of Appeals states that the family residence annotation provides protection against third parties, but the annotation will be lifted in the remaining period after the divorce between the spouses. The annotation is valid as long as the marriage union exists.
Allocation of Housing (TMK art.169 and art.197)
During the divorce case, the judge may temporarily allocate the family residence to one of the spouses. Children's interests are decisive.
Family housing rights are one of the basic tools of economic security during marriage; Protect your rights with family law lawyer.