Ali's Blogs

Do you own a Property in Turkey - Are you Unmarried ?

26th April 2016

Legal Advice

'Do you own a Property in Turkey - Are you Unmarried?’
 
If you own property, or a planning to purchase property in Turkey with a partner, and you are not married then you should be aware that inheritance laws probably will not cover either partner.
Matrimonial laws in Turkey only encompass legally married couples, meaning that any property acquired in the marriage are automatically deemed to be jointly owned.


Unmarried couples are at danger of being left without nothing in the unfortunate event of death of the other partner. The inheritance laws of Turkey adopt the parental rule which in effect could mean that the family of the partner who's name the property is registered in will have a claim to the property. The hierarchy of inheritance is; children, parents, and then siblings.


If you are in this kind of arrangement then it is highly recommended that both partners, whether the property is in their name or not have a legally binding will. In the absence of a will, you could be at risk to losing your hard earned home to your partners family. Therefore, we really do not think its worth the risk.


Creating a will will give you peace of mind and its a fairly straightforward process. A will needs to be created in the presence of two adult witnesses, and then formalised by a notary. So, why take the risk?

 
If you would like any further advice please contact us at info@yellali.com



Law of Succession Where the Subject is a Foreigner:
 
Article 43 of the Law of International Private Law and Procedure (IPLP - The Law No. 5718 titled “International Private Law and Procedure” was adopted on 27 November, 2007 , and provides that lawsuits of foreigners concerning succession should be resolved by the Court in the last place of domicile of the deceased. However, Article 54/1b provides limitation in regards to immoveable goods.
 
International Private Law and Procedure No.5718

Article 20-
(1) The national law of the deceased shall govern inheritance. Turkish law shall apply to immovable property located in
Turkey.

(2) Provisions relating to the reasons of opening, acquisition and distribution of succession shall be governed by the law
of the state where the estate is located.

(3) The State shall inherit estates situated in Turkey that do not have any inheritors.
(4) The form of a testamentary disposition is subject to the provision of Article 7. A testamentary disposition executed in
compliance with the national law of the deceased shall also be valid.

(5) The legal competency to execute a testamentary disposition is governed by the national law of the executing person
at the time of the execution.
Immovable property is subject to Turkish domestic laws.
 


Book a Consultation with our Will EXPERT at YellAli » CONTACT YELLALI or email info@yellali.com








Turkish Residence Permit

---------------------------------------------------------------------------------------------------------------------------------------------------------------

Enjoy this Blog? read more Blogs:-Sign up to YellAli's weekly newsletter and receive the latest information in Turkey - Tips, procedures, advice, promotions and much more! 
|   JOIN YELLALI FOR FREE |   What is YellAli ?   |   VIEW ALL BLOGS



Please login to comment

username or email
Password