The family home annotation is a legal protection that prevents a home used as a common living space within a marriage from being sold, transferred, or mortgaged without the consent of both spouses. Regulated under Article 194 of the Turkish Civil Code, this annotation particularly safeguards spouses who may not have an income or are not official property owners.
How to Register a Family Home Annotation?
1️⃣ Collect the Required Documents
Before applying for the annotation, the following documents are required:
📌 Title deed or property ownership details
📌 Marriage certificate or civil registry extract (to prove the marriage)
📌 A written request (petition) to the Land Registry Office
2️⃣ Apply to the Land Registry Office
📌 One or both spouses can apply for the Family Home Annotation at the relevant Land Registry Office.
📌 If the applying spouse is not the official property owner, they must provide proof that the property is used as a family home.
3️⃣ Review Process
📌 The Land Registry Office reviews the submitted documents and determines whether the request is valid.
📌 If the property is proven to be a family home, the annotation will be added to the title deed records.
📌 This protection ensures that the property cannot be sold or mortgaged without both spouses’ consent.
Advantages of a Family Home Annotation
✅ Prevents the sale of the home without the other spouse’s consent.
✅ Protects your legal rights over the property.
✅ Secures the home against unauthorized mortgage or transfer.
✅ Prevents unfair transactions in case of divorce.
📌 Important Note: If the registered property owner wants to sell or mortgage the home, the other spouse’s written approval is required. Otherwise, such transactions may be declared invalid.
Conclusion
A family home annotation is a crucial legal protection, particularly for spouses who are not directly involved in the home purchase process. To safeguard the rights of all family members and ensure financial security, registering this annotation immediately after purchasing a home is highly recommended. If you want to protect your home from unauthorized sales or financial risks, you should visit the Land Registry Office and apply for a Family Home Annotation as soon as possible.
