Mesajı Okuyun
Old 14-11-2006, 13:31   #2
Av.Burcu Orhan

 
Varsayılan

hello!
There are a few ways, if you are happy to wait for 4 years, by the end of the 4th year your wife can sell it to you without capital gains tax and the stamp duty will be a reasonable amount.Therefore, provided that the legislation shall not change, you will still need a military clearance.
Second way, you can file to the court for the amendment of the title deed regsitry and ask for the court to register it in joint names, but you will need to prove a) there had been a mistake( the seller did not want to wait and we agreed to do it in my name reason may not be accepted by the Judge) b) You have a legal reason to own the property ie: you paid for half of the monies etc. You should get a quote for the court costs.
Third Way: Your wife and you can set up a company and yoir wife can put the property as a capital to the company, she will hold the %99 of the shares and then sell you %50 of the shares with a nominal value, in this case you will not be the owner of the property but you will be the owner of the %50 shares of the company that owns the property.
These are the few ways I can think of right now, my colleagues may come up with something more efficient I guess, therefore please make sure you get an Estimate from a lawyer for the costs as most of this ways may end up costing lot more that %3 (1,5 your wife, 1.5 you) stamp duty.
Kind Regards
Av.Burcu Orhan


Alıntı:
Yazan Iyi adam
I am a foreigner with a Turkish wife. I bought a house in Turkey but the seller didn't want to wait for the papers to go to the Army for approval. So we put my wife's name on the Tapu. I understand that if I want the tapu in my name my wife has to sell the house to me and we will have to pay buyer and seller taxes. Is that right? Is there any way I can have legal ownership of the house without transferring the tapu to my name?