In short
Staying in the shared home after the ruling is looked at from the land registry, the lease, and the calendar of personal contact; it does not stand in for the application for the annotation.
Staying after the ruling is looked at from the land registry, the lease, and the calendar of personal contact.
The application for the annotation does not stand in for this fact.
Enforcement of an eviction is a separate paper.
Related articles: the family-home annotation.
Can one stay in the shared home after divorce?
Whether you can stay in the shared home after divorce depends on to whom the home belongs, on the lease, on the position of co-ownership, and on the decision of use the court gave. The divorce ruling being announced does not mean one spouse can force the other out on the same day. Conversely, it should not be assumed that a temporary allocation of the family home given during the action will continue forever either.
First read the dwelling clause in the reasoned decision, and in the measure decision if there is one. The land registry record, the lease, the family-home annotation, and the divorce protocol should be filed separately. If the parties will continue to live together, the expenses, the use of the rooms, the children's privacy, and the date of moving can be planned in writing. If there is violence or a threat, it is not obligatory to continue staying in the same dwelling; measures of protection and of removal have priority.
This guide is general information. The words "shared home" can express different rights as regards ownership, the lease, and family law.
The difference between use of the dwelling while the action continues and after finality
When the divorce action is brought, the judge can take interim measures for the parties' housing and for the protection of the children. Allocation of the family home to one of the spouses can arrange who will stay in the home throughout the trial. This decision does not change ownership on the land registry; it aims to provide a safe and orderly life while the dispute continues.
In the ruling section of the decision, until which date the measure will continue can be written openly. Some measures end when the divorce ruling becomes final. Finality is connected with service of the reasoned decision and with the process of a route of challenge. The short decision being announced at the hearing, and the civil-registry record and all the side results being completed, are not the same moment.
The documents that should be checked are these:
- The interim decision relating to use of the family home
- The reasoned divorce decision, and the information on finality
- The divorce protocol approved by the parties
- The current land registry record, and the annotations if there are any
- The lease, and the notifications of joining the contract
- A decision of protection or of removal
If the temporary allocation has ended, the legal route of the spouse who is the owner, or who is a party to the contract, can come onto the agenda. Actual force should not be used, however; a written handover, and the suitable process of an action or of proceedings, should be used.
If the home is in the ownership of only one spouse
The immovable can be registered on the land registry in the name of only one spouse. The home being used as the family home during the marriage provides certain protections to the spouse who is not the owner; it does not make them a co-owner automatically, however. If, during the action, the dwelling was allocated to the spouse who is not the owner, the owner cannot carry out a one-sided eviction while the decision continues. When the decision ends, the new legal basis of the use is investigated.
The spouse who is not the owner may be staying for a certain period on one of these grounds:
- A court measure that continues
- An allocation of the dwelling within the scope of Law No. 6284
- A written agreement of the parties, or the divorce protocol
- A lease, a right of residence, or another personal or real right
- A period recognised by the owner for moving
If one of these bases is not there, a request for handover based on the right of ownership can come onto the agenda. All the same, the owner cannot throw the former spouse's belongings outside, cannot change the door by force, or cannot force them to leave by cutting the basic services. A written notice, and the route of preventing interference, or of eviction, that fits the nature of the request, is assessed.
A claim arising from the liquidation of the matrimonial property regime in the divorce does not, as a rule, create a share, or a right of residence, on the immovable of itself. In whose name the land registry stands should be separated from the money claim of participation that arises from an acquisition during the marriage. The division of property in divorce explains the basic frame of this calculation.
If the home is in the joint ownership of the two spouses
If the immovable is registered in shares in the names of the two spouses, the divorce does not remove the shares. Each co-owner can use the immovable to the extent it is compatible with the other co-owner's right. One co-owner cannot force the other out merely because the marriage ended. If joint use creates an intense conflict, a sustainable arrangement needs to be built, however.
The parties can assess these options:
- One spouse using it alone for a certain period, and a sharing of the expenses
- One spouse buying the other's share at a realistic value
- The immovable being sold to a third person and the price being shared
- The areas of use being separated temporarily
- If there is no agreement, the route of dissolution of the co-ownership being assessed
In a case of use alone, a claim by the other spouse for a price of use can come onto the agenda. The conditions of this claim can change according to being prevented from use, the earlier family-home relationship, an agreement of the parties, and the content of the notice. An automatic calculation of the form "rent began to run on the day we divorced" should not be made.
Dissolution of the co-ownership can end in a sale and can affect the children's arrangement of housing. For that reason the valuation, the calendar of moving, the loan debt, and an alternative dwelling should be planned together.
If the dwelling is rented, which spouse can stay?
In a rented family home, the parties to the lease are determined first. One spouse may have signed the contract; the other spouse may also have become a party to the tenancy during the marriage by a statutory notification. The rent debt and the notifications are assessed according to this status.
It being written in the divorce protocol that "the other spouse will stay in the home" may not, in every case, automatically change all the results of the contract with the landlord. The assignment of the contract, the liability for the debt of the spouse who will leave, the deposit, the subscriptions, and the landlord being informed should be taken up openly. The spouse who will stay in the home being able to continue to pay the rent is part of the practical plan too.
If the tenant spouse will leave the home, these subjects can be put in writing:
- The contractual capacity of the person who will continue to use the immovable
- Liability for the past and future rent debt
- To whom the deposit belongs, and when it will be returned
- The position of the fixtures in a letting with furniture
- The transfer of the electricity, water, natural-gas, and internet subscriptions
- The notification to be made to the landlord, and the minute of handover
If the lease will be ended, the handover of the keys and the condition of the immovable should be entered in the record by a minute. The disagreement between the spouses does not of itself remove the landlord's rights arising from the contract.
The effect of the family-home annotation after the divorce
The family-home annotation provides protection, while the marriage continues, against some dispositions the spouse who is the owner can make without the other spouse's consent. The annotation does not give a share of ownership. When the divorce becomes final, the character of a family home tied to the marriage can end, and the process of cancelling the annotation can come onto the agenda.
If the action has not yet become final, the continuation of the annotation and of the protection of the family home can matter. If there is an attempt by the spouse who is the owner at a sale, a mortgage, or ending the lease, the current land registry and the position of the file should be examined. How the annotation is placed, and its limits, are told in detail in the content on the family-home annotation.
Even if the annotation ends, there can be other requests relating to the matrimonial property regime, to a contribution, to a simulation, or to the validity of a disposition. Every request is subject to a separate legal basis and period.
Leaving the shared home, and the process of handover
For the spouse who will leave the home, a planned handover reduces new disputes. The date of moving, the personal belongings, the sharing of the joint belongings, the keys, the meters, and the damage that exists can be determined by a minute. The children's belongings, and the school arrangement, should be kept apart from the parents' debate about property.
The general process of handover can be built as follows:
- The rights and the decisions are checked. The land registry, the lease, the measure, and the date of finality are determined.
- A written proposal of handover is made. A reasonable date, the method of taking the belongings, and the place of handing over the keys are stated.
- An inventory of belongings is prepared. Personal belongings, those that belong to the child, and joint belongings are listed with photographs.
- An account of the expenses is drawn. The rent, the site charge, the bill, the loan, and the deposit are separated as at the date.
- A safe handover is carried out. If there is a risk of conflict, a representative or a neutral person is used; the protection decision is complied with.
- A record of the meters and the keys is kept. The last readings, the number of keys, and the condition of the immovable are written.
- The subscription and address transactions are made. Personal particulars, the post, and the address for official notification are updated.
- If there is no handover, the legal route is chosen. According to the capacity of the right, eviction, preventing interference, or a dispute about co-ownership is taken up.
If a transfer of the immovable was agreed in the divorce protocol, it should not be contented with only a sentence of "the home was left to the spouse". The date of the land-registry transfer, the loan debt, the costs, the handover, and the route that will be followed if the transfer does not take place should be written openly. The division of property in an uncontested divorce takes up the risks of records of this kind.
If the former spouse does not leave, which route is followed?
The first question is whether there is a right that provides for the former spouse to stay in the home. If they are a co-owner, a direct request for eviction may not be suitable. If they are a tenant, or a joint tenant, the law of the lease is examined. If the temporary allocation of the dwelling continues, the lifting of the decision, or its ending, can be waited for. If there is no basis of use at all, the owner can apply to the legal process after a written request for handover.
Methods of actual pressure should not be used:
- Changing the lock without notice
- Leaving the belongings in the street
- Cutting the electricity, the water, or the heating
- Entering the home by force, or threatening
- Using the children in the pressure of an eviction
These acts can create debates about private life, the inviolability of the home, damage to belongings, or tort. If there is a former spouse who uses violence, measures of removal and of not approaching can be asked for independently of the analysis of ownership.
The children, maintenance, and the need for a dwelling
The spouse to whom custody was given staying in the home with the children does not change the ownership automatically. The child's continuing at their school, their safe surroundings, and the stability of housing are important, however, while an interim allocation, the calendar of moving, and the amount of maintenance are assessed. If a sudden eviction affects the best interests of the child, a reasonable plan of transition can be built.
The expense of the dwelling can be one of the needs taken into account in the calculation of maintenance for poverty, or of maintenance by way of contribution. A decision of maintenance does not give a share on the land registry directly, however. If the parties will agree in the protocol to stay in the dwelling without a price for a certain period, the start of the period, the bills, the site charge, the cost of upkeep, and the date of handover should be written openly.
If conflict is being experienced at the door of the home for personal contact with the child, it can be asked that a neutral point of handover be determined. The dispute about the dwelling does not remove the right of contact with the child.
The right separation of jurisdiction in Ankara and in Çankaya
In Ankara, the temporary allocation of the family home inside the divorce action is assessed by the family court. If the request after the divorce becomes final has the character of ownership on the land registry, co-ownership, a lease, or use without a right, the court with subject-matter jurisdiction can change. The position of the immovable in Çankaya can matter as to exclusive venue in some actions about an immovable.
Before the application, the reasoned decision, the record of finality, the land registry, and the lease should be read together. An action brought under the wrong legal name can create a problem of jurisdiction or of procedure. The local judicial arrangement in Ankara can affect the place of the transaction and its calendar; it does not change the content of the right of ownership.
For the general aspects of divorce and of the use of the dwelling that intersect with custody, maintenance, and the matrimonial property regime, the family law practice area can be looked at.
A final assessment
The answer to the question of staying in the shared home after divorce depends on the land registry, the lease, and the valid court decision, much more than on the question "who was more at fault in the marriage?". First determine the basis of the right of use, and the date it ends. If a handover is needed, build the plan of the belongings, the expenses, and the keys in writing; if there is no agreement, choose the legal route that fits the capacity of the right.
This text is not an opinion relating to the concrete dispute. When the decision and the information on finality, the land registry, the lease, and the protection measure if there is one are examined together, the limits of the option of staying in the home, or of handover, can be clarified.
Where the record of the dwelling is read from
The land registry record is separated from the lease. A period that is not written in the file is not added. The office being in Çankaya does not choose the court with venue. The district of the immovable is not counted as the address of the office. Law No. 6284 in the text does not count a measure against violence, and staying in the dwelling, as the same door.
Conclusion
This writing is for general information. The document, the period, and the procedure of the concrete event must be read separately; there is no promise of a result from memory.