REGARDLESS OF THE PROPERTY REGIME, THE SURVIVING SPOUSE HAS THE RIGHT TO OWN THE FAMILY RESIDENCE AND HOUSEHOLD EQUIPMENT AMONG THE ESTATE PROPERTIES, EXPRESS TO HIS LEGAL INHERITANCE SHARE, AND IF THERE ARE JUSTIFIED REASONS, THE RIGHT TO REQUEST THE RIGHT TO RESIDE IN THE PLACE OF PROPERTY OR THE RIGHT TO USEFUL

Regardless of the property regime, the surviving spouse has the right to own the family residence and household goods among the estate assets, as an offset to his legal inheritance share, and the opportunity to claim residence or usufruct rights if there are justified reasons. However, this right of allocation and purchase is not free. If the amount of the spouse’s share of the inheritance does not cover the value of the family home, the spouse can claim the property right by paying the value of the family home outside of the inheritance share, and if he does not have the power to pay the balance value, he can claim usufruct or residence rights on the family home. In accordance with this article, as a deduction for the spouse’s inheritance right. In requesting that the family residence be allocated to him/her, the property right request must first be evaluated. It is necessary to seek the existence of justified reasons for allocation by granting usufruct rights.

In the concrete case, first of all, the plaintiff should be given time to obtain a declaratory judgment that the house in question is the family house used together with the decedent and wait for the outcome of the case. If it is determined that the place in question is the family residence, the amount of the plaintiff’s share of the inheritance must be calculated by finding the monetary value of all assets included in the estate. If it is decided to allocate the family residence as a deduction for the plaintiff’s inheritance share, the amount that the plaintiff must pay should be determined and this amount should be deposited. If the conditions are met, in order to grant usufruct, the usufruct fee must be determined by an expert and the amount calculated as the usufruct fee must be deposited. While a decision should have been made as a result of such research and examination, it was not deemed appropriate to make a decision in writing, and therefore the decision had to be overturned.

The case regarding the request for “allocation of the family residence to the surviving spouse” (TMK 652) will be heard in the civil court of peace.

7.HD. 21.10.2021 T. E: 720, K: 2217