Is the requirement to obtain spousal consent only applicable when a disposition is made over the family residence? (18.04.2025)
Pursuant to Article 194 of the Turkish Civil Code, the explicit consent of the non-owner spouse must be obtained for any disposition over the family residence.
Whether or not the other party to the transaction is acting in good faith—that is, whether they knew that the property was being used as the family residence—is of no significance. This is because the High of Appeals approaches the issue of spousal consent as a condition of legal capacity.
Consent is not required to need not be in writing, but it must be explicit. Consent may also be given subsequently in the form of ratification after the disposition has been carried out.
Spousal consent is required if, at the date of the disposition, the immovable property is in fact being used as the family residence. However, in dispositions carried out for the purpose of acquiring a family residence, spousal consent is not required. For example, when a property is purchased through a housing loan to be used as a family residence, and a mortgage is simultaneously created, in our view, spousal consent is not necessary at the stage of mortgage creation, since actual use of the property as the family residence has not yet begun.
The requirement of spousal consent generally arises in connection with dispositions over the family residence. However, with respect to any assets jointly owned by the spouses (such as vehicles, land, or shops), spousal consent is likewise mandatory when a disposition is made (Civil Code, Art. 223/2).
As a rule, co-owners are free to dispose of their own shares without obtaining the consent of the other co-owners (Art. 688/3). Nevertheless, if the property subject to co-ownership is an asset jointly owned by the spouses, regardless of its nature, even if one spouse wishes to dispose solely of his or her own share, he or she must still obtain the consent of the other spouse.
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John Abraham
says Oct 15, 2017 at 11:00account of the system, and expound the actual teachings of the great explorer of the truth,
Alizabeth Anne
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