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Everything posted by Eglegal

  1. Hello, Divorce decree ordered by the Turkish Court becomes "absolute" if plaintiff and/or defendant do not appeal it within 2 weeks period of time. However, you need to make sure divorce paper is delivered to other party as well, given the fact that divorce decree can't be absolute ("final and binding") if 2 weeks appeal right has not been granted for both party properly. You do not need to apply for a decree absolute, as the court automatically notifies ID authority about the divorce to update your marital status. But, on the other hand, if you need a proof of paper to show your d
  2. Hello Vu8, Yes, it seems to be the best way for 2 important reasons, which the 1st one you would be able to see the property in person given that internet listings do not always reflect unit's actual conditions, qualifications etc, while the 2nd one as you meet the owner in person, you can give it a try to do some further price negotiations. There is usually a gap at the listing price which usually varies between %1-10. Good luck with your market search All the best,
  3. Hi JT, Wish you and your fiancée best of luck at your relocation plan to Turkey. Bodrum/Mugla is definitely a nice spot to settle I am afraid that would not be very easy for a non-Turkish citizen who does not reside in Turkey and do not have prior credit score to a get mortgage loan. You might think that there is no risk for the bank, given that they take the property as "security" for a possible failure of you not returning the loan, but in practice that does not work like that. Banks requires a good credit score, along with the property security. I also heard that in some cases,
  4. I am so sorry for your loss. Let me briefly advise you in this matter; Properties in Turkey are registered to Real Estate Office "REO" (Tapu Sicil Mudurlugu, in Turkish) where you can reach all the records, including ownership, charges etc. So, the right place to locate your property is a REO. We, lawyers, are authorized to conduct a property search without limitation, however, you need to prove that you are one of the heirs of your late mother with a written document (for e.g certificate of inheritance "CoI"). Otherwise, officers would probably not allow you to do property search
  5. Exactly. Banks have no interest to confiscate their customers properties. They exercise that right as a last resort when you fail to repay. Buying/selling property is not the type of business which the banks prefer to engage. It is a risk for a bank if they couldn't manage to convert property into cash on time.
  6. Hi, Yes that is very common way of buying a property not only in Turkey but also almost all other Western Countries. Also, called, mortgage loan. However, for a Non-Turkish person who does not have any financial credit score in Turkey, that is very unlikely that loan application is to be accepted by a Turkish bank. Sometimes, you could prove your good credit score to a Turkish bank, through your local bank in your home country which has a partnership agreement with Turkish bank in terms of securities. Should you refer to commission for real estate brokers, it mostly depends on
  7. Hi Maria, Thanks for Ken for his contribution to the matter, but I have one hesitation here. I hope you managed to figure it out but I doubt that Kaymakamlik (Governor's Office) would be in help of you by receiving your diploma and have them Apostille certified remotely through post exchanges. They generally require your (or your representatives) application in person to do paperworks, like Apostille. That would be very helpful if they did that but I am not really sure if it falls within the scope their responsibility either. Pls update us how did you handle it. Also, apost
  8. Dear All, Having a property is one of the preconditions only for applications through property investment type. For other type of citizenship applications,for instance, living in Turkey for more than 5 years with RP or being married with a Turkish citizen, property ownership status is not something which the immigration authority takes into consideration. There are different types of applications which all of them have their own set of conditions. Thus, for those who wants to do the citizenship application should look into the requirements of that particular type. It is not in
  9. Hi Fada, First of all, sorry for the things you have been through. We are definitely so sad that this kind of inconviences are happening everyday in our home country. According to applicable law, builders are responsible for the defects for 5 years against buyer and their responsibility period may go up to 20 year for the hidden defects. You can claim material damage against builder if you are within this call period. In your care we are talking about the whole damage, including the extra damage given by the plumber, provided that you prove plumber worked with the instruction of the
  10. Mostly correct. One of the heirs needs to file a case in Turkey to retrieve an inheritance certificate, where the court will investigate UK family records to fix the heirs succession rates. Based on the information, it could be estimated that 1/4 of the assets shall be owned by your step mother, while the rest 3/4 shall ne distributed equally among you and your siblings. Once the inheritance certificate has been issued by the court, then transfer of the shares (derived from the property) can be carried out with a follow up application to the Real Estate Authority. Regards,
  11. Hi Crad26, Thanks for all parties who makes contribution to the discussion here which is definitely valuable. Let me explain you the situation as simple as I can, 1) As your father died in 2018, it is no longer possible for you to REJECT the inheritance, as 3 months rejection period is over since he passed away. It implies that, you are now regarded as the official heir of your late father under Turkish law. (There is only one exception rule to the 3 months rejection deadline, but that right could only be practiced when your father's assets is not financially enough co
  12. The most important document that you need to collect from the Portuguese authorities is the one which states that you are single and there is no impediment for you to marry. This is one of the main papers that is to be asked by the Turkish Marriage Office (Municipality) Apart from that, of course, a notarized translation of the passport is another document that you need to submit. Some of the Marriage Offices (Municipality) in Turkey are experienced and know how to proceed with an international marriage, but some of them have no idea how to handle it. We have fixed a couple of arran
  13. I would recommend you to talk to an accountant and discuss if your company's balance sheet allows to successfully complete a liquidation process. It is the case especially when you have future plans in Turkey. Should you are in debt against Tax Office or Social Security Inst., yes they could go over your personal assets. BR,
  14. Hi V4E, This is a question that has been raised quite often nowadays, and you all have a point. Your accountant statement is correct except the airport part, considering the fact that no matter how much you owe to the state or an individual, police would not have a right to stop you in the airport border becaused of this matter. This is one of the core rights that has been protected under Constitution of Turkey. On the other hand, if you neglect the company by doing no monthly filing and not paying the minimum charges, then after a certain time (generally between 6-12 month
  15. Hi, It does not have to be %50-%50 ownership status, different ratio might be possible. But if they purchase an asset together as an investment, couples generally do equal distribution. One can check title of deed through the Real Estate Office to make sure the status of the official records. Obtaining a certificate of inheritance ("CoI") mostly depends on how fast the documents from UK have been collected and sent to Turkish court. But it takes not less than a couple of months. Once the CoI is ready then following the 2nd step, namely tranferring the title of deed to the new
  16. Hi Peath, I would be happy to answer your questions, as a legal practitioner here in Turkey. 75% of the shares owned by the late father shall be distributed equally among the children, while the rest %25 goes to wife. So wife adds up another %12,5 share to her current %50 and reach to a total of %62,5. (Presumed that property has been shared equally (50-50) by the husband & wife in the first place) Children of the late husband and wife do not have to travel to Turkey, provided that some documents, including Power of Attorney, have been collected and send to a solicito
  17. Hi Randell, I am a licensed attorney in Turkey and registered to Izmir Bar Association. Let me briefly answer your queries given above; As you ask the implementation of law in the US, we need to address US legal sources. It states that; There is no treaty in force between the United States and any country that requires the recognition of foreign divorces. However, a divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), where both parties had notice of th
  18. Hi FatiM, Sorry for the problem you have been through with the apartment. First of all, a contract that is signed with the agent (unless he/she's authorized with an official power of attorney) but not with the landlord is not deemed to be legally formed and therefore it is not binding for you. Furthermore, even if the contract is legitimate but it turns out that the physical conditions of the rental property makes it unliveable, like in your case, contominated tap water. You have the right to evict the property with a notification to the landlord which states the failure of faci
  19. Eglegal

    Law question

    Hi Trevor Lei, Story does not sound realistic to me. That seems like a sort of scam to get money from your family. I would definitely recommend you to be extra suspicious and careful when such calls come from someone who you have not met in person. Regards,
  20. Hi Kim, I am sorry that things didn't work between you and your husband. Your statement is correct, that is quite a smooth procedure in Turkey if it is not a contested (disputed) divorce case. However, unfortunately, your attendance to the hearing is required for the judge to make a divorce ruling. You do not have to travel back and forth couple of times, your 1 time presence only would be enough to finalize the case. Your lawyer would be able to share court date with you months ahead and it gives you enough space to set up your flight schedule. For any questions/querie
  21. Hi Wanda Wu, Your questions almost exclusively fall within the scope of an accountant expertise, but I would be happy to briefly advise you as a legal practitioner in Turkey. First of all, that does not sound wise to me, saying that your company is responsible of paying income tax in a position which you are unable to pay your debt. Based on your reference, your company's balance sheet must state otherwise but not due income tax. However, I know that is quite a fund needed to pay "closing" the company. Drafting of balance sheet documents, appointing a liquidation officer, regi
  22. Hi Libby, There are 2 legal ways which you can follow under your circumstances; first one is you both file a consensual divorce case before the UK court and finalize it there. Once you get the official divorce decree over there in UK, your husband can have the divorce recognised here in Turkey with another follow-up case what we call "Recognition and Enforcement of Foreign Court Judgments in Turkey". As you are in cooperation with your husband in terms of finalizing the procedures, your husband can hire solicitor here who can help you out and conclude the things quickly. 2nd way
  23. Hi Fada, In respect of VAT, not you but the contractor is responsible of paying that to the government. For this reason, if any VAT return is applicable then contractor would be able to claim it. However, for this particular transaction, VAT needs to be claimed within a 1 year deadline period after the title of deed has been transferred. I doubt that contractor has made it on time. Still, best way is to contact with the seller (and/or its accountant) to figure that out. Regards,
  24. Hi Fada, That is correct if you fulfill certain conditions. Turkish on Non-Turkish citizens who live abroad (at least 6 months for the past 12 months) is free from paying VAT (VAT rate varies from %1 to %18 depends on the value of the property) since 5th May 2017 and so on. One of the most important criteria is that fund has to be transferred from a bank located out of Turkey and deposited into a bank in Turkey as a foreign currency (USD, EUR etc.). However, there is an hesitation here, as VAT is normally has to be an extra to the purchase price, but contractors usually give buye
  25. Hi, That is correct. As of now; At the first RP application, you are asked to bring your passport booklet as well as copies of the all pages of the booklet (except empty pages) . For this reason, you can skip translation + notary procedures. For the extention of the RP application, you are asked to bring (sworn) translated and notarized copy of the passport booklet (Only ID page). For extention, passport booklet is not essential. Fyi.. Regards,
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