WHAT IS Matrimonial Home?
Posted at 13:21h in Data Deposi by Lawyer Antalya 0 Comments
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What is Family Housing?
Although family residence is not defined in our law, if it is necessary to make a definition based on the justification of the article and the relevant Supreme Court decisions; “A place full of memories where spouses do all their life activities, direct their lives accordingly, live in good and bad days” “A place where spouses use for regular settlement and intensify their life activities” As can be seen, the common point in all definitions is the element of permanent living in a certain place. That’s why ‘cottage, farmhouse, chalet, timeshare’ etc. The spaces will not be considered as family residences. By family residence, it is meant a single residence in which the couple, who are married to a civil marriage, live permanently. Whether one or both of the spouses is the owner of this house or being a tenant will not be important in terms of acquiring the title of ‘family house’ for the said place.
Protection of Family Housing and Family Housing Commentary
One of the regulations in our law in order to protect the family residence due to its material and moral importance is to put an annotation on the family residence. The word meaning of the annotation is ‘to explain, to separate’, and as a legal term, it means ‘writing personal rights, transfer restrictions and temporary registration in the land registry’. With the family residence annotation, the spouse who is not the owner of the immovable used as a family residence will also have the will for the protection of the residence.