Wife's name on tapu - can I own house?

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?

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?

hi,
in turkish law if you or your wife buy something after marriage bought of you own it. it doesn't matter it seems to belong to your wife or you. that means you don't need to get it in your name.if you would like to get you will have to pay the taxes.

Thank you both very much for your replies, and I'm sorry I was a long time replying to you.

Sayin Av.Burcu Orhan, thank you for all your suggestions. So far I think that waiting for four years to avoid capital gains tax and so on is the simplest approach. I don't forsee any problems with getting military approval, and I'm sure my wife will wait as she won't be getting any money! :-)

I bought several properties and put them in my wife's name to avoid the delay with military approval. The main reason that I want the properties in my name is that I want to write a will. I want to choose which properties to leave to my wife and which to my two children in England from a previous marriage. I thought that if the properties are all in my wife's name I will not have anything to leave to my children when I die. Is this correct?