Şubat11

Liberation of the Family Residence to the Surviving Spouse

“In case of death of one of the spouses, if there is a household item or spouse that the spouses live together; The surviving spouse may request that he be granted the right to inherit the right to inherit.

In case of justifiable reasons, it may also be decided to grant usufruct or residence right instead of ownership upon the request of the surviving spouse or one of the other heirs of the inheritor. ”

As clearly stated in the Law, if one of the spouses dies, the surviving spouse will have this right over the family residence, which is within the legacy of the deceased spouse. For the determination of the family residence, it does not matter that the real estate in question looks like a land or a field in the deed. The surviving spouse may request the deduction of other inheritance shares for the privatization of the family dwelling, or if the inheritance share is not sufficient, it may also try to pay this amount. If this is not possible, the surviving spouse may also request to have usufruct or residence right on the family residence.

If it is deducted from the inheritance share, if the price of the family residence cannot be covered, as stated in the decision of the Supreme Court of Appeals 2nd Law Department on 19.11.2008, numbered 12883-15476:

“If the spouse's share of the inheritance does not meet the value of the family residence, it will be able to claim the property right by paying the value of the family residence outside the spouse inheritance share, and if it does not have the power to pay the residual value, it will be able to demand usufruct or residence right on the family residence.”

First of all, the family residence will be determined by a lawsuit to be filed in the family court, and the peace court will be requested to be privatized to the surviving spouse.