KÜHEYLAN HUKUK
Family Residence Annotation: Protection Against Sale and Mortgage Without the Consent of the Spouse (2026) TMK art. Within the scope of Article 194, the Quality of the Family Residence, Annotation to the Title Deed, Cancellation of Unconsented Savings and Protection of the Spouse in Rental Housing has been updated as of 2026.
The residence where spouses live together is considered a "family residence" regardless of which spouse's name it is registered in. The owner spouse cannot sell this residence, mortgage it or terminate the rental agreement without the express consent of the other spouse. The non-owner spouse can make this protection visible to third parties by requesting that the family residence be annotated in the land registry. Sales and mortgage transactions made without consent can be canceled by filing a lawsuit in the family court.
The family residence is the residence where the spouses live their lives together and use it as the center of life. This qualification does not affect which spouse the house belongs to, whether it is rented or property. As a rule, summer or weekend houses are not considered family residences; because it is not the center of life. A family can only have one family residence at a time.
The nature of the house as a family residence is preserved as long as the marriage continues. Opening a divorce case does not automatically end this quality; The Supreme Court accepts that the fact that one of the spouses leaves the residence does not, on its own, eliminate its status as a family residence. The qualification ends when the divorce decision becomes final.
TMK m. Pursuant to Article 194/1, one of the spouses cannot terminate the rental agreement regarding the family residence, transfer the family residence or limit the rights on the family residence without the express consent of the other spouse. The main transactions requiring consent within the scope of this regulation are:
Termination of the rental agreement or renting the house to someone else.
Consent must be explicit; Silence or covert behavior is not enough. Consent can be given before or during the procedure, or it can be given later in the form of permission. If the spouse does not give consent or withholds his/her consent without a justified reason, the owner spouse can apply to the judge and request that the consent be completed by the judge's decision (TCC Art. 194/2).
TMK m. According to Article 194/3, if the family residence belongs to one of the spouses, the non-owner spouse may request that the necessary annotation regarding the residence be given to the land registry. The annotation announces to everyone who examines the title deed record that the house is a family residence.
Direct application to the land registry office Application with civil registration records showing marriage and place of residence If the conditions are documented, the annotation is processed directly
Case in family court In case of objection by the owner spouse or rejection of the annotation in the title deed Annotation is made by court decision
Interim injunction in divorce case Request for precautionary measures in divorce case Temporary protection against transfer of residence
According to the established jurisprudence of the Supreme Court, the annotation is not constitutive but explanatory: protection arises from the law even if it is not an annotation. However, the absence of an annotation allows the third party who purchased the house or established a mortgage on it to claim good faith. After the annotation is made, no third party can claim to know the nature of the family residence. For this reason, annotation is the strongest guarantee of protection in practice.
In cases where the owner spouse sells or mortgages the house without the consent of the other spouse, the spouse whose consent was not obtained may file a lawsuit for title deed cancellation and registration or removal of the mortgage. The case is heard in family court.
If there is an annotation: The third party cannot claim good faith; Cancellation of the transaction is a strong possibility.
If there is no annotation: It must be proven that the third party knew or should have known that the residence was the family residence. The Supreme Court accepts that banks, in particular, have an obligation to investigate whether the house is a family residence when giving loans, and that a bank that does not do this research cannot be considered in good faith.
TMK m. Pursuant to Article 194/4, if the family residence is rented, the spouse who is not a party to the contract becomes a party to the rental agreement by notifying the lessor, and the spouse who notifies becomes jointly responsible with the other spouse. In addition to protecting the tenant spouse against unconsented termination, this notification obliges the lessor to give warning and termination notifications to both spouses separately (TBK article 349).
While the divorce case was ongoing, the husband, the owner of the house, sold the apartment where the family lived to his brother; The brother also took out a loan by mortgaging the flat to the bank the same week. There is no family residence annotation in the title deed.
Since the divorce case is ongoing, the house is still a family residence. A sale made without the woman's consent cannot benefit from good faith protection because the brother is a close relative who should know that the house is the family house. If it is understood that the bank did not investigate who lived in the house before the loan, the mortgage may also be canceled. In the divorce case, the woman must request precautionary measures and file a lawsuit for title deed cancellation. The incident clearly shows how protective it would be to put the annotation in advance.
Does a divorce case need to be filed for the family residence annotation?
No. An annotation can be requested at any time while the marriage is ongoing, and in most cases, it is most effective to place it before a dispute arises.
Can an annotated residence be seized during enforcement?
The annotation does not prevent the creditors of the owner spouse from imposing a lien. Protection is for transfer and limitation transactions made by the owner spouse with his own will.
If the house is jointly owned by the spouses, is an annotation required?
Since both spouses are owners of joint property, the transfer of the entire house requires the consent of both spouses. However, against a spouse transferring his share, TMK article. 194 protection is applied and an annotation may be requested on the share.
What happens after the divorce is finalized?
Since the property has ceased to be a family residence, the owner spouse may request that the annotation be removed.
Considering the annotation after the dispute begins; The sale can be completed within one day.
Not requesting injunction for housing in the divorce case.
Assuming that the summer residence is also a family residence.
Not notifying the lessor of the rental property.
Not carrying the investigation obligation against the bank's good faith defense into the file.
Family housing is the legal equivalent of the family's housing security, and this security is tested most in times of crisis. An annotation entered into the title deed in a timely manner prevents cancellation cases that may last for years. Küheylan Law Firm protects its clients' right to housing with a preventive and result-oriented approach in requests for annotation of family residence, cancellation of non-consensual sales and mortgage transactions, and injunction requests during the divorce process.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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KÜHEYLAN HUKUK