Supreme Court gives decision in favor of woman due to lack of ‘spouse consent’
A woman opened a lawsuit for the house seized by a bank due to her husband’s debts and the Supreme Court ordered to give the house back to the woman due to the lack of “spouse consent.”
The incident will be a test case that happened in Istanbul.
A married couple bought a house in the Küçükçekmece district in 2008 and the deed was registered in the name of the husband. After some time, the husband took a loan from a bank without his wife’s consent and was unable to pay back the monthly installments, according to daily Hürriyet.
The bank seized the house as the husband took the loan by pledging the property. The woman opened the file in December 2014 just after she had learned the whole story.
In May 2016, the local court ordered that the transfer of the deed from the husband to the bank should be stopped. The bank took the case to the Supreme Court.
However, the Supreme Court found the woman taking her stand to be right.
“The bank knew that it was a matrimonial home. Before arranging a mortgage agreement, the bank had to ask the woman her consent. The deal is invalid, so is the transfer of the deed. The deed should be registered back to the husband."