The Family Home in Türkiye: Spouse Consent, the Land Register Annotation, Rented Homes and Foreign Spouses Under TMK 194

Can one spouse sell or transfer the family home in Türkiye without the other's consent? Not without the other spouse's express consent (açık rıza): Article 194(1) of the Turkish Civil Code No. 4721 (Türk Medeni Kanunu, TMK) provides that a spouse may not terminate a lease relating to the family home (aile konutu), transfer the family home or limit rights over it without that consent. A spouse who cannot obtain consent, or who is refused it without just cause, may ask for the judge's intervention under Article 194(2), and the spouse who is not the owner may ask the land registry directorate for an annotation under Article 194(3).

This guide is written for foreign spouses and foreign owners of apartments in Türkiye. It follows the text of the legislation and does not describe court practice or tax.

1. What Does Article 194 Say, Paragraph by Paragraph?

Article 194 gives a spouse a consent right, a route to the judge, a land register annotation and a way into a lease. It sits in Book Two of the Civil Code, among the general provisions of marriage (evliliğin genel hükümleri), directly after Article 193, under which each spouse may, unless the Law provides otherwise, enter into any legal transaction with the other and with third parties.

• Paragraph 1: Eşlerden biri, diğer eşin açık rızası bulunmadıkça, aile konutu ile ilgili kira sözleşmesini feshedemez, aile konutunu devredemez veya aile konutu üzerindeki hakları sınırlayamaz. Without the express consent of the other spouse, a spouse may not terminate a lease relating to the family home, transfer the family home or limit rights over it.
• Paragraph 2: Rızayı sağlayamayan veya haklı bir sebep olmadan kendisine rıza verilmeyen eş, hâkimin müdahalesini isteyebilir. A spouse who cannot obtain consent, or who is refused it without just cause, may ask for the judge's intervention.
• Paragraph 3: Aile konutu olarak özgülenen taşınmaz malın maliki olmayan eş, tapu kütüğüne konutla ilgili gerekli şerhin verilmesini tapu müdürlüğünden isteyebilir. The spouse who is not the owner of the real property allocated as the family home may ask the land registry directorate to enter the necessary annotation relating to the home in the land register.
• Paragraph 4: Aile konutu eşlerden biri tarafından kira ile sağlanmışsa, sözleşmenin tarafı olmayan eş, kiralayana yapacağı bildirimle sözleşmenin tarafı hâline gelir ve bildirimde bulunan eş diğeri ile müteselsilen sorumlu olur. If one spouse secured the family home by a lease, the spouse who is not a party becomes a party by notifying the landlord, and the notifying spouse is jointly and severally liable with the other.

Paragraph 1 lists no examples of limiting rights, so whether a step such as granting a mortgage or letting the flat to a third party falls within it is for the court to assess. The paragraph prescribes no form for consent and does not state what happens to a transaction made without it. The cautious course is a written, dated consent naming the property and the transaction.

2. What Counts as the Family Home?

The Civil Code does not define the family home. Article 186(1) provides that the spouses choose together the home in which they will live, and Article 194(3) refers to real property allocated as the family home (aile konutu olarak özgülenen). Article 194 has no separate rule for a flat used for part of the year, a second home, spouses who live apart or a pending divorce, and it does not distinguish a flat held by one spouse from one held in shares.

Whether a particular flat is the family home is for the court to assess on the facts. A title deed in one spouse's name does not answer the question, because Article 194(3) is written for a spouse who is not the owner. For a flat held in shares, see our guide to co-owned property and the partition action.

3. How Does the Family Home Annotation Work, and Who May Request It?

The non-owner spouse may request the annotation (aile konutu şerhi) from the land registry directorate under Article 194(3), and the paragraph does not mention a court order or the owner spouse's agreement. The reference to the directorate was added by Article 44 of Law No. 6518 of 6 February 2014.

The Land Registry Regulation (Tapu Sicili Tüzüğü) describes it in Article 17(2) as an annotation that the home is a family home (konutun aile konutu olduğuna dair şerh), and it goes in the annotations column of the register page (Articles 46 and 51(1)). Article 49(1)(c) calls for a residence document from the central civil registration system or the civil registry directorate and a civil registry extract showing marital status. It sets no separate list for a spouse whose records are held abroad, so a foreign spouse should ask the directorate in advance.

Article 194 does not state what the annotation does. Article 49 of the Regulation, a list of required documents that does not itself state the effect of an annotation, places it under annotations prohibiting the right of disposition (tasarruf hakkını yasaklayan şerhler), and Article 1020(3) of the Civil Code provides that no one may claim not to know of an entry in the land register. Article 1010(2) lets restrictions on the power of disposition, once annotated, be raised against those who later acquire rights. The third item of Article 1010(1) covers transactions for which the law provides an annotation, such as establishing a family homestead or appointing a reversionary heir; it does not name the family home, so whether it applies here is for the court to assess.

4. What If Consent Cannot Be Obtained or Is Refused?

The spouse who needs consent may ask for the judge's intervention (hâkimin müdahalesi) under Article 194(2), where consent cannot be obtained or is refused without just cause (haklı bir sebep olmadan). The paragraph does not define just cause, set a time limit or list what the judge weighs, so the court assesses each request on its facts.

Item 1 of Article 4 of Law No. 4787 gives the family courts (aile mahkemeleri) the disputes and matters arising from family law under Book Two of the Civil Code, except its Third Part, and Article 194 is in Part One of that Book. Keep a record of the request for consent, any reply and the planned transaction.

Article 199 is a separate tool. To the extent that protecting the family's economic existence or performing a financial duty arising from the marriage requires it, the judge may, on a spouse's request, order that dispositions of assets the judge specifies can be made only with that spouse's consent (ancak onun rızasıyla). If the judge removes a spouse's power of disposition over real property, Article 199(3) requires the judge to order an annotation in the land register.

5. What If the Family Home Is Rented?

A spouse who did not sign the lease becomes a party to it by notifying the landlord under Article 194(4), and the notifying spouse is then jointly and severally liable with the other (müteselsilen sorumlu). No form is prescribed for the notice; the cautious course is writing with proof of delivery. Article 349 of the Turkish Code of Obligations No. 6098 (TBK) adds three rules for property let for use as a family home:

• Paragraph 1: the tenant may not terminate the lease without the express consent of the tenant's spouse.
• Paragraph 2: if that consent cannot be obtained, or the spouse declines without just cause, the tenant may ask the judge for a decision on the matter.
• Paragraph 3: where the non-tenant spouse has become a party by notifying the landlord, the landlord must notify the termination notice, and a payment period attached to a termination warning, to the tenant and the spouse separately (ayrı ayrı bildirmek zorundadır).

Article 349(3) does not state what follows if the landlord notifies one spouse alone.

6. What About a Buyer Who Relied on the Land Register?

The Civil Code protects a third party who, relying in good faith on an entry in the land register, acquires ownership or another real right (Article 1023), and it denies that reliance to a third party who knew or should have known that a real right was wrongly registered (Article 1024(1)). Article 194 does not refer to these provisions.

Under Article 1024(2), a registration based on a legal transaction that is not binding, or lacking a legal basis, is wrongful (yolsuz). A person whose real right is harmed may raise this directly against third parties not in good faith (Article 1024(3)). Article 3 takes good faith as existing where the law attaches a legal consequence to it, but a person who did not show the care the circumstances required cannot claim it.

These provisions do not say whether a non-owner spouse is a person whose real right is harmed, or how a missing consent under Article 194 affects a registration; both points are for the court to assess. A buyer from a married seller should read the annotations column, and the cautious course is to ask for the spouse's written consent before paying. Our guide to real estate due diligence sets out the other checks.

7. What Happens to the Home on Death or Divorce?

On death, the surviving spouse may make requests under Articles 240 and 652; neither Article addresses divorce. Article 202 makes participation in acquired property (edinilmiş mallara katılma) the statutory regime, and spouses may adopt one of the other regimes set out in the Law by contract. Under Article 225, the regime ends on death or the adoption of another regime; where a court ends the marriage by annulment or divorce or orders a move to separation of property, it ends with effect from the date of the action.

• Article 240 (participation regime): to maintain the former way of life, the surviving spouse may ask for a usufruct or right of habitation over the home that belonged to the deceased spouse and in which they lived together, credited against the participation claim (katılma alacağı), with a payment added if that is not enough. Other arrangements in a marital property contract are reserved. For just cause, at the request of the surviving spouse or the deceased spouse's legal heirs, ownership may be granted instead (paragraph 3).
• Article 652 (division of the estate): where the home in which the spouses lived is among the estate assets, the surviving spouse may ask for ownership against the inheritance share (miras hakkına mahsuben). For just cause, at the request of the surviving spouse or another legal heir, a usufruct or right of habitation may be granted instead (paragraph 2).

Under both Articles, the surviving spouse cannot use these rights over parts in which the deceased practised a profession or trade and which a descendant needs to practise the same one, and the inheritance rules on agricultural real property are reserved.

Article 254 addresses who stays in the home after annulment or divorce, and it sits in the shared separation of property regime (paylaşmalı mal ayrılığı): for a home allocated to the family's common use and subject to equal sharing, the spouses may agree, and if they do not and fairness requires it, the judge decides together with the annulment or divorce decision, sets the period and notifies the land registry for annotation. Where the spouses rent the home, the judge may, where necessary, decide that the spouse who is not the tenant stays, with arrangements to secure the landlord's rights under the contract. Article 240 has no equivalent paragraph on divorce.

While a case is pending, Article 169 requires the judge, once a divorce or separation action is filed, to take the interim measures needed, including on the spouses' housing. Where a suspension of living together rests on just cause, under Article 197(2) the judge takes, at a spouse's request, measures that include the use of the home and household goods; under Article 197(3), a spouse may make the same requests where the other refuses to live together without just cause or shared life has become impossible for another reason. See also our guide to prenuptial agreements for foreign spouses and guide to contested divorce for foreign nationals.

8. Foreign Spouses: Which Law Governs the Family Home?

Law No. 5718 on International Private and Procedural Law (MÖHUK) does not name the family home, and its rules point to different laws depending on the question. The judge applies the Turkish conflict rules, and any foreign law they make competent, on the judge's own motion (Article 2(1)). A reference by that foreign law's conflict rules to another law is taken into account in disputes on the law of persons and family law (Article 2(3)), and treaties to which Türkiye is a party are reserved (Article 1(2)).

• Article 13(3), general provisions of marriage: the spouses' common national law; if their nationalities differ, the law of their common habitual residence; failing that, Turkish law.
• Article 15, marital property: the spouses' express choice of the law of habitual residence at the time of marriage or one of their national laws; without a choice, their common national law at the time of marriage, then the law of their common habitual residence at that time, then Turkish law. In liquidation, real property follows the law of the country where it is located (Article 15(2)). Spouses who acquire a new common law after the marriage may become subject to it, with third parties' rights reserved (Article 15(3)).
• Article 21, real rights: real rights over real property follow the law of the country where the property is located at the time of the transaction, and the form of transactions on those rights follows the law of that country (Article 21(1) and (4)).
• Article 25, contracts on real property: contracts relating to real property or its use follow the law of the country where the property is located.
• Article 20(1), inheritance: the deceased's national law, with Turkish law applying to real property located in Türkiye.

Article 194 sits among the Civil Code's general provisions of marriage, while real rights over the flat fall under Article 21, so two spouses of the same foreign nationality may face their national law on one question and Turkish law on the other. Law No. 5718 does not say which governs the consent requirement, and neither Law says whether Article 194 is a directly applicable rule under Article 6. Those questions are for the court to assess, so the cautious course is to treat Article 194 as potentially applicable and record the spouse's consent. Where a nationality-based rule applies, Article 4(1)(b) applies Turkish law to a person who is also a Turkish national, unless Law No. 5718 provides otherwise.

9. Side by Side: Which Provision Answers Which Question?

10. Step by Step: A Foreign Spouse or Owner

1. Obtain the current land register record and read the annotations column. Anyone who shows a credible interest may ask to see the relevant page (TMK Art. 1020(2)).
2. If you are not on the title and the flat is your family home, confirm the documents with the land registry directorate and request the annotation (TMK Art. 194(3); Regulation Art. 49(1)(c)).
3. If you own the flat and plan to transfer it or limit rights over it, obtain your spouse's express consent (TMK Art. 194(1)); the paragraph prescribes no form, so the cautious course is a written, dated consent.
4. If consent cannot be obtained or is refused without just cause, keep the record and apply for the judge's intervention (TMK Art. 194(2)).
5. If either spouse is foreign, write down each spouse's nationality and habitual residence at the time of marriage and today, and any choice of law (MÖHUK Arts. 13, 15).

Our real estate and family law practices advise foreign owners and spouses in English; reach us through the contact page.

Frequently Asked Questions

Can my spouse sell our flat in Türkiye if the title deed is in their name alone?

Not without your express consent if the flat is the family home: under Article 194(1) of the Civil Code, a spouse may not transfer the family home without the other spouse's express consent. A spouse who cannot obtain consent, or who is refused it without just cause, may ask for the judge's intervention under Article 194(2). Whether a given flat is the family home is for the court to assess.

Who can request the family home annotation, and is a court order needed?

Article 194(3) names the spouse who is not the owner and addresses the request to the land registry directorate; the paragraph does not mention a court order.

What if my spouse refuses consent without a good reason?

Article 194(2) lets you ask for the judge's intervention. The paragraph does not define just cause, so the court assesses it on the facts.

We rent our home and the lease is in my spouse's name. What can I do?

Under Article 194(4) of the Civil Code, you become a party by notifying the landlord, and you are then jointly and severally liable with your spouse. Under Article 349(1) TBK, your spouse may not terminate the lease without your express consent.

I bought a flat from a married seller and the spouse did not consent. Am I protected?

Article 1023 of the Civil Code protects a third party who acquires ownership relying in good faith on the land register, and Article 1024(1) denies that reliance to one who knew or should have known that the right was wrongly registered. How these rules meet Article 194 on your facts is for the court to assess.

Does Article 194 apply if we are both foreign nationals?

Law No. 5718 does not name the family home. Article 13(3) sends the general provisions of marriage to the spouses' common national law; if their nationalities differ, to the law of their common habitual residence; failing that, to Turkish law. Article 21(1) sends real rights over a flat in Türkiye to Turkish law. Which governs the consent requirement is for the court to assess.