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rights upon the family house solely without the explicit consent of the
other spouse.
The spouse may demand intervention of the judge to obtain a consent
order if the partners do not reach a settlement in between them as to the
division or other matters related to property.
In the case of renting out family dwelling house; if one of the spouses
is party to the tenancy agreement, other spouse may also become a party
to the agreement by notifying to the lessor.
If the family dwelling house is owned by only one of the spouses,
the other spouse is entitled to demand putting family dwelling house
annotation onto the title deed registry.
Family Dwelling House Annotation
Pursuant to article 57 of the Regulation on Title Deed Registry,
in order to put family house annotation onto the title deed registry the
following documents are required; a document confirming that the
property is being used as a family dwelling house -obtained from local
council or residential block management-, certified copy of identification
or copy of civil marriage certificate.
The Legal Nature of Family House Annotation and Its Legal
Implications
The legal nature of family house annotation and its legal implications
was evaluated in the Assembly of Civil Chambers of the Court of Appeal
decision dated 04.10.2006 numbered E.2006/2-591, K.2006/624.
The below text is the quotation taken from the aforesaid decision which
settled the conflicting opinions between the local court and the relevant
civil chamber of the Court of Appeal on the point of whether family house
annotation is a founding annotation or ownership of a third party, who
relied on the title deed records in good faith, will be legally protected.
“…As it is also indicated in the preamble of the article, a
family dwelling house is the area where the spouses live all their
lives and direct their lives accordingly and live happy and sad
days therein.