Supreme Court ruling of vital interest to divorced couples! That right is coming to a complete end

The 2nd Civil Chamber of the Supreme Court of Appeals has issued a landmark ruling regarding the 'family residence' status of real estate in divorce cases. The High Court decided that a property can no longer be considered a family residence after a divorce decree becomes final.

According to the ruling, after the stage where the divorce becomes final, it will no longer be possible to request the cancellation and registration of a title deed based on family residence provisions. Thus, the path to asserting rights on this basis for a property previously used as a family residence after a divorce has been closed.

According to a report by Türkiye Gazetesi, the case in question was heard in the Gölcük district of Kocaeli. Following the finalization of the divorce decree, the wife claimed that the property used as the family residence had been transferred to a third party without her consent. The plaintiff requested the cancellation of the title deed, the re-registration of the property in her own name, and the placement of a family residence annotation.

LOCAL COURT RULING OVERTURNED

The Gölcük Family Court accepted the plaintiff's request for title deed cancellation and registration. Following the appellate process, the file came before the 2nd Civil Chamber of the Supreme Court of Appeals.

Reviewing the file, the Supreme Court pointed out that the divorce decree between the spouses had become final. The Chamber assessed that the property lost its status as a family residence after this date and that no claims could be made based on family residence provisions.

The ruling stated that with the finalization of the divorce, the status of the family residence ceases to exist, and therefore, a lawsuit for title deed cancellation and registration based on a family residence becomes moot.

In line with this assessment, the decision of the Sakarya Regional Court of Justice was overturned on its merits. The judgment previously rendered by the Gölcük Family Court was also reversed, and the final assessment of the file was thus made by the Supreme Court.

News Source: 12punto