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The Family Dwelling House and Legal Implications of Putting
a Family House Annotation onto the Title Deed Registry
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Att. Ceyda Büyükoral
“Family House” is a wording, entered into civil law terminology first
by the Turkish Civil Code numbered 4721 (“TCC”), which was entered
into force in 01.01.2002.
The Family Dwelling House is regulated under article 194 of the TCC.
Definition of Family Dwelling House
The exact definition of the term “Family Dwelling House” has not
been given under article 194 of the TCC. However, it is defined in the
preamble of the aforesaid article as “the place where the spouses establish
and maintain their lives for the greatest time of their life with happiness
and sadness. Also, according to doctrine and Supreme Court precedents
another definition of “family dwelling house” was made as “a residence
designated mutually by the spouses in where they live their ordinary lives
with their children, if any.
By law, to consider a real estate as a family dwelling house, union of civil
marriage between the couples and their commitment to reside permanently
in the property are sought. Therefore, a real estate where unmarried couples
are living or a real estate where spouses are temporarily residing, such as a
holiday homes is not considered as a family dwelling house.
Provisions in the TCC Regarding Family House
It is stipulated under article 193 of the TCC that each spouse can enter
into legally binding relations or execute binding transactions with the
other spouse or with a third party. However, legal transactions regarding
family house are exception to the rule of spouses’ full legal capacity to
enter into or conduct legal transactions.
Pursuant to article 194 of the TCC:
Neither of the spouses can terminate the tenancy agreement of the
family house, transfer the ownership of the family house nor restrict the
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Article of July 2011