Can my spouse and I buy property together in Turkey? and Should I put my child on the title deed? are both common forum questions. The answer to both is yes – but the legal consequences of a shared title deed can create serious problems years later if you go in without understanding them.

77a. What is a hisseli tapu?

A hisseli tapu (shared or fractional title deed) is a deed under which a property is owned by two or more people in defined proportions – for example 50/50 or 60/40. Each co-owners share is officially recorded at the Land Registry. The arrangement is fully available to foreigners: two foreign nationals, a foreign national and a Turkish citizen, family members, or business partners can all hold a joint title deed.

77b. Married couples – The most common combination

Joint ownership between married couples is both common and legally straightforward. The deed can be structured as equal shares (50/50) or at different proportions. One important nuance: under Turkish civil law, property acquired during a marriage may already be subject to the statutory matrimonial property regime – The specific implications depend on the couples nationality and any applicable private international law rules. Both spouses must be present at the Land Registry at the time of registration, or grant a notarised power of attorney in advance.

77c. Parent-child and business partners

Parent-child joint ownership is frequently chosen for inheritance planning purposes. However, a critical point must be understood: under Turkish inheritance law, unmarried partners (cohabiting partners) are not legal heirs. A partner whose name is not on the title deed acquires no automatic right to the property if the owner dies.

For business partners sharing a title deed, the biggest risk is decision-making deadlock: if one partner wants to sell, let, or mortgage the property and the other objects, the entire process can be brought to a standstill.

77d. Legal consequences of joint ownership

• Pre-emption right (şufa hakkı): When a co-owner wishes to sell their share to a third party, the other co-owners have a statutory right of first refusal. The share must be offered to the existing co-owners before it can be sold externally.
• Joint decision requirement: Letting the property, placing a mortgage on it, or carrying out major works all require the consent of all co-owners. A disagreeing co-owner can block these processes entirely.
• Individual share sale: Each co-owner can sell their own share independently – but subject to the pre-emption right described above.

77e. What happens on death?

If a co-owner dies, their share passes under Turkish inheritance law. Without a valid Turkish will, shares are distributed to statutory heirs (spouse, children, parents) according to the statutory formula. An unmarried partner whose name is not on the deed receives nothing automatically.

Strong recommendation for all foreign property owners in Turkey: prepare a Turkish-law will in addition to any will in your home country. There is no guarantee that your home-country will is directly applicable to property located in Turkey.

Sources: T.C. Tapu ve Kadastro Genel Müdürlüğü – https://www.tkgm.gov.tr | Türk Medenî Kanunu (TMK) – https://www.mevzuat.gov.tr

EXPERT ADVICE: A joint title deed is legal and workable – but when co-owners disagree, neither can sell, let, or deal with the property freely. Before buying together, ask yourselves what happens if we separate or one of us dies? and put the answer in writing. For unmarried couples, a will is not optional – Turkish law does not recognise informal partnerships, and a partner not named on the deed inherits nothing.

P.S. Joint ownership touches property law, inheritance law, and family law simultaneously. It is not a simple topic entire legal textbooks are written on it. Before you put anyone elses name on a title deed, get independent legal advice. One consultation before signing costs far less than untangling a dispute afterwards.