In short
A family home annotation limits the owner spouse from selling the home, or creating a right over it, without the other spouse's consent. The creditor's enforcement attachment is not that disposition made by the owner's own wish. The annotation does not stop the attachment of its own accord and does not erase the entry on the land registry. The route that protects the home in enforcement is the homestead complaint for a home suitable to the debtor's circumstances. The annotation may be evidence in that complaint. It does not take the place of the petition. No day is written into this text.
How the annotation was entered on the register, and why the compulsory attachment is not treated as automatically forbidden, are separate questions. A ban on attachment is not stated without the land-registry annotation and the fact of residence.
Which transaction the annotation cuts
The Turkish Civil Code requires the other spouse's consent for a transfer, and for a transaction creating a limited right in rem, that the owner spouse would make alone over the family home. Sale and mortgage are discussed in that frame. Consent is visible on the land registry. Consent that is not visible is not treated as completed later by word of mouth. An enforcement-office attachment is written on the land registry on the creditor's request and on proceedings that have become final. The owner spouse does not sign that writing as "I sold it". For that reason a lack of consent does not make the attachment memorandum void from the start.
When the other spouse learns of the attachment, they assert their own rights separately. Without that assertion, the annotation does not of itself cancel the sale date. Learning is discussed through service or through seeing the land-registry annotation. If there is no annotation, the character of a family home can be debated from actual residence. Actual residence is not a record that closes every attachment either. Residence, the children's life and whether there is another immovable enter the file. A fact that does not enter is not written as if the annotation existed.
The homestead exemption is a separate complaint
The debtor's home suitable to their circumstances is the protection in enforcement law. Value, the family situation and whether there is another home are read in that complaint. The sentence that there is a single home, or a family home annotation, does not give absolute immunity. The annotation is one of the records that the home is a family home. The complaint goes to the enforcement court. A note left at the office does not take the place of this complaint.
If the owner sells the annotated home to a third party, the attachment is not lifted. The other spouse's consent may be required separately in that sale. Consent does not wipe the balance as against the creditor. If an auction has been announced, a homestead claim or a complaint may not stop the sale of its own accord. A stay is requested separately. Setting the auction aside does not arise of itself from the existence of the annotation. A number of days is not added to this text. The period is read from the document of learning. If there is no document, the day is not completed.
Neighbouring records
How consent appears on the land registry sits under spousal consent. Entry of the annotation on the register sits under family home annotation. The conditions of the homestead exemption sit under homestead exemption, and entry of the attachment on the land registry sits under attachment of immovable property. The door after the auction sits under setting the auction aside. This record separates why the annotation does not treat the compulsory attachment as automatically forbidden.
Which papers come side by side
The papers read are the land-registry record, the family home annotation and the attachment memorandum. The register shows which immovable the annotation was entered on. The register does not of itself write that the attachment has been lifted. Service separates, from the endorsement, when the other spouse learned of the attachment. If there is no service, learning is not assumed. The petition should separate whether it asks for the homestead exemption or for a disposition without consent. A petition that treats the two requests as one result confuses the door. The decision should write which immovable's attachment it concerns. The application should carry the fact of residence and whether there is another home. The contract may show a promise of sale. The contract does not take the place of the enforcement attachment. An invoice may show household expense. An invoice does not produce the character of a family home. The minutes should write the moment the attachment was entered on the land registry. If there are no minutes, the annotation is not treated as having erased the attachment.
Where the annotation is read from
This article places the land-registry annotation, the attachment memorandum and the fact of residence side by side. This article does not write a day into this text. This article does not treat the family home annotation as a record that lifts the attachment of its own accord. The Çankaya office does not change the competent authority.
The other spouse's petition does not run of its own accord inside the debtor spouse's objection to the payment order. The two petitions ask for two separate results. A sale notice does not come down by itself because the annotation exists.
Conclusion
A family home annotation cuts a sale and a mortgage by the spouse without consent. The creditor's attachment is not lifted by this annotation. Protection of the home in enforcement is the homestead complaint. An Ankara lawyer does not add a day to a family home annotation. The framework sits on the enforcement and bankruptcy law page. The basis is the provisions of Turkish Civil Code No. 4721 and Enforcement and Bankruptcy Code No. 2004.