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selling jointly owned apartment after death of one partner

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A Dutch lady owns a holiday apartment together with her British husband. Both names are on the Tapu. They are both residing in the Netherlands. While on vacation in Turkey last fall, he dies. He has 3 children from another marriage that are British citizens that reside in the UK. 
1) He did not leave a will. How much of this property will the children inherit? 75% of the 50% he owned? 

2) They all want to sell the apartment. If possible, they don't want to have to travel to Turkey. They are all in agreement, they have a Turkish buyer who lives in Turkey and they want to do it as inexpensively as possible because the sales price is low (25k Euro). How could they do this ? 
Many thanks in advance! 

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Hi Peath,

I would be happy to answer your questions, as a legal practitioner here in Turkey. 

4 hours ago, peath said:

1) He did not leave a will. How much of this property will the children inherit? 75% of the 50% he owned? 

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)

4 hours ago, peath said:

2) They all want to sell the apartment. If possible, they don't want to have to travel to Turkey. They are all in agreement, they have a Turkish buyer who lives in Turkey and they want to do it as inexpensively as possible because the sales price is low (25k Euro). How could they do this ? 

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 solicitor under desired forms. Family has to file an application to the family court in which they need to have a certificate of inheritance ("CoI"). CoI is a document which shows the ownership rates that are subject to distribution. Turkish judge would require some other official documents that could be issued by UK authorities, such as vital records (civil registry) of the family.  

Selling the property consists of 2 main legal divisions, namely, the registration of the unit to the names of the successors AND then doing the actual transter of the unit by the Real Estate Office (Tapu). I recommend them to contact a professional for the respective legal services. 

Regards,    

 

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Dear Mr. Eglegal,

thank you very much! 

Please allow me to ask two more questions:

1) both their names are on the tapu - will this automatically be taken to mean that they both own 50% of the property or is anything else required? 

2) Can you give an indication how much time the process  to register the unit to the names of the successors will take  and how much this will cost if we assume that there will not be any issues? And if the costs of this are higher than the proceeds of the sale for the heirs, is there a possibility for them to decline the inheritance so that the wife can sell it on her own? 

Once more thank you and kind regards! 

 

3 hours ago, Eglegal said:

Family has to file an application to the family court in which they need to have a certificate of inheritance ("CoI"). CoI is a document which shows the ownership rates that are subject to distribution. Turkish judge would require some other official documents that could be issued by UK authorities, such as vital records (civil registry) of the family.  

 the registration of the unit to the names of the successors

 

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Hi, 

22 hours ago, peath said:

1) both their names are on the tapu - will this automatically be taken to mean that they both own 50% of the property or is anything else required? 

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.

22 hours ago, peath said:

2) Can you give an indication how much time the process  to register the unit to the names of the successors will take  and how much this will cost if we assume that there will not be any issues? And if the costs of this are higher than the proceeds of the sale for the heirs, is there a possibility for them to decline the inheritance so that the wife can sell it on her own?

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 buyer, do not take that much of a time. 

In respect of disclaiming the inheritance, that would not be in the best interest of the children and also would not help to do things faster, considering the fact that a case needs to be filed at the court anyway in order to have a CoI.

Costs would definitely be much less than what the heirs can receive at the end of the sale. 

Regards,   

       

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