Who Stays in the Marital Home After Divorce in Turkey? | Family Residence Rights

 

One of the most sensitive issues during a divorce in Turkey is who will remain in the shared residence. Turkish family law recognizes the concept of “family home” (aile konutu), which is protected for the benefit of the family. This article explains who may stay in the home, what criteria the court considers, and how long-term rights are determined.

 

 

What Is a Family Home (Aile Konutu)?

 

A family home is the residence where the spouses and children live together as a family unit. It does not matter who owns the title deed; what matters is the use and function of the property during the marriage.

 

 

Who Has the Right to Stay?

 

  • The court may grant temporary residence to one spouse during the divorce process
  • Usually, the spouse who has custody of the children is allowed to remain
  • Ownership does not guarantee priority unless there is no custody or violence claim

 

 

Can the Other Spouse Be Removed?

 

Yes. If necessary, the court can issue a protective order to remove one spouse from the property (especially in cases of domestic violence or abuse).

 

 

After the Divorce

 

  • The judge may grant the right to stay in the family home to one party (even long-term)
  • The property may be sold or divided based on property regime (shared or separate ownership)
  • A usufruct (intifa hakkı) or usage right may be granted legally

 

 

Why You Need Legal Support

 

Disputes over the family home involve emotional, financial, and legal complexity. An Antalya divorce lawyer can help protect your rights, represent you in court, and ensure proper decisions regarding your home.

 

For legal advice on divorce, custody, and family residence rights, contact our Antalya-based law firm.

 

 

 

 

 

Tags: family home divorce Turkey, who stays in house Turkey, marital residence dispute, Antalya divorce lawyer, aile konutu Turkish law, property division Turkey