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Joint Ownership

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Old 06-04-2015, 19:13   #1
jenny

 
Rahatsiz Joint Ownership

Hi,

My questions is regarding joint ownership of Turkish real estate shared by two British citizens.

My ex husband and I purchased an apartment in 2004. We were divorced at the time but I still carried his surname. We verbally agreed at the time of purchase that this property should be bequeathed to our children, however, there are no wills. My ex husband does not use the property much now and has decided to sell his share. Given that I have been solely responsible for the up-keep and maintenance of the apartment, at considerable cost, (he has always objected to any expenditure.) I am totally opposed to this proposed sale.

Can he sell over my objections and without my knowledge. I should add athe Tapu senedi is in both our names as half share owners.
Old 13-05-2015, 21:51   #2
üye25928

 
Varsayılan

Well. What was court decision about the real estate which you bought?

He can sell lt to some one else. But you can buy lt even he sell some one else. You have right to buy as first in all by law.
Old 11-06-2015, 15:56   #3
EBRU EKŞİOĞLU

 
Varsayılan

Alıntı:
Yazan jenny
Hi,

My questions is regarding joint ownership of Turkish real estate shared by two British citizens.

My ex husband and I purchased an apartment in 2004. We were divorced at the time but I still carried his surname. We verbally agreed at the time of purchase that this property should be bequeathed to our children, however, there are no wills. My ex husband does not use the property much now and has decided to sell his share. Given that I have been solely responsible for the up-keep and maintenance of the apartment, at considerable cost, (he has always objected to any expenditure.) I am totally opposed to this proposed sale.

Can he sell over my objections and without my knowledge. I should add athe Tapu senedi is in both our names as half share owners.


Hi,
Your ex-husband can not sell his share before offering it to you first. As a shareholder you have a preemptive right on his share. If he sells his share to a third person without offering it to you first you can send a notice to the buyer and your ex-husband indicating that you have that right. If they do not accept you can file an action against them and you can certainly win.

Regards.
Old 18-03-2017, 14:48   #4
Av. Muhammed Kuş

 
Varsayılan

Alıntı:
Yazan EBRU EKŞİOĞLU
Hi,
Your ex-husband can not sell his share before offering it to you first. As a shareholder you have a preemptive right on his share. If he sells his share to a third person without offering it to you first you can send a notice to the buyer and your ex-husband indicating that you have that right. If they do not accept you can file an action against them and you can certainly win.

Regards.
In this question there is only one problem whether you are gonna know he sell or not. If he sold his share with your knowledge via notary warning; you have 3 months to take back his part from the owner with the price it shows on deed of real estate. However, if he didnt declare this buy and sell, you would have 2 years to take back this estate. After this period you could not use your preemptive right
Old 03-10-2017, 11:30   #5
KraasivaMak

 
Varsayılan Joint Ownership

Can I file for joint divorce, using the 3 forms mentioned, without a separation agreement?
Old 05-10-2017, 17:37   #6
Av. Muhammed Kuş

 
Varsayılan

Alıntı:
Yazan KraasivaMak
Can I file for joint divorce, using the 3 forms mentioned, without a separation agreement?
Could you ask this question under divorce section? http://www.turkhukuksitesi.com/showthread.php?t=2668
There is 4 requirement for joint divorce.
1) at least one year marriage
2) Couples should apply court together. Or one of them should accept the case.
3) the agreement on the financial consequences of divorce and the status of children
4) Judge will listen both sides.
You can find some letter of applications online. However, I believe that to follow the case properly as a non-native, you better need to hire a lawyer.

Kind regards.
Yanıt


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