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Old 7th October 2011, 16:28   #1 (permalink)
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Tapu change after death of partner

I would really appreciate some advice concerning change of name on a tapu after my husband's death.

It would be helpful if someone could outline the procedure to change the tapu solely to my name. The property tapu was in both our names and we had both UK and Turkish wills leaving the property to each other.

I have been quoted a cost of 4000tl and a timescale of 4 months - does this seem reasonable? I have also been asked to give Power of Attorney to the lawyer to do this - is this usual?

Grateful for any words of advice.......... or recommendations for English speaking lawyers in/around the Dalyan/Ortaca/Dalaman area.
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Old 7th October 2011, 16:42   #2 (permalink)
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Re: Tapu change after death of partner

i have asked a friend In Ortaca to see what she knows or if she can find a lawyer ,she is a lawyer but i can vouch for her English being weak- unless your Turkish would suffice and you meet in the middle?!.....
i know changing names on tapu even while partners are alive is expensive and time consuming but indeed you need to know specifics....
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Old 7th October 2011, 19:32   #3 (permalink)
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Re: Tapu change after death of partner

Quote:
Originally Posted by Leyley View Post
I would really appreciate some advice concerning change of name on a tapu after my husband's death.

It would be helpful if someone could outline the procedure to change the tapu solely to my name. The property tapu was in both our names and we had both UK and Turkish wills leaving the property to each other.

I have been quoted a cost of 4000tl and a timescale of 4 months - does this seem reasonable? I have also been asked to give Power of Attorney to the lawyer to do this - is this usual?

Grateful for any words of advice.......... or recommendations for English speaking lawyers in/around the Dalyan/Ortaca/Dalaman area.

Leyley, before you can change the Tapu solely to your name, a document must be obtained from the Court recognising that you are the sole inheritor (Mirasci) of your husband's estate.
To do this a case will be opened (a lawyer usually attends on behalf of the spouse/family). Your lawyer will require original copies of birth, marriage and death certificates which will be translated in to turkish. If your husband has no children, you will be required to sign a sworn affidavit to say this. If there are chlidren the Court must be made aware.

It usually takes at least 2 hearings so a timescale of at least 3-4 months is normal.

Last edited by alison09400; 8th October 2011 at 18:43..
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Old 8th October 2011, 17:15   #4 (permalink)
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Re: Tapu change after death of partner

Even in UKone would have to sort out the will before deeds and ownership was transferred , surely!
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Old 8th October 2011, 18:42   #5 (permalink)
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Re: Tapu change after death of partner

Iím assuming from what you have written that you have recently lost your husband, that being the case may I offer my condolences. You state that both your names were on the Tapu and I wonder if it is in fact necessary for you to change anything. In your situation I would first visit the Tapu office and ask for their advice on the matter. Take a Turkish speaker with you if necessary. If your husband died in this country they may only need sight of a death certificate to complete the paper work. Now I donít know whether this is the case or not but I would not be handing over cash to anyone until I knew the score and even less inclined to seek advice from a forum.
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Old 8th October 2011, 18:45   #6 (permalink)
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Re: Tapu change after death of partner

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I. You state that both your names were on the Tapu and I wonder if it is in fact necessary for you to change anything. In your situation
If there comes a time when Leyley decides she would like to sell her property in the future, the same process must go through the Court before the sale can go through.
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Old 8th October 2011, 19:01   #7 (permalink)
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Re: Tapu change after death of partner

leyley

You may be in a very distressed position.
I can only say I would be and I would not be thinking clearly and rationaly .

Dont rush please take advice .Maybe the British Embassey can at least give you some guidance.
4000 tl and power of atorney does not seem something to me to rush into.
I am sorry to say it does not smell right.

To me.

My lawyer in Bodrum has been a rock to me.She has been excellent.
Pls pm me if you want her details and I can ask her to chat and advise you .
She is a quality lady who has practised in London as well as Bodrum Turkey.

Either way take care ,dont rush and I hope all works well.

Regards and condolences Alan and Denise

Last edited by bigalant; 8th October 2011 at 19:03.. Reason: d to D
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Old 8th October 2011, 19:18   #8 (permalink)
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Re: Tapu change after death of partner

Leyley I too offer you my sincere condolences and hope you get your legal matters sorted out to your satisfaction and things are not too wearing and complicated.
Alison has given you some facts on the matter, she is a very knowing member of this forum and the community on here, as is several others who do not hesitate to try to help.
Personally I find forums such as this one an enormous help both in the public eye and by private e mail and message service and can personally vouch for the help, guidance and support I found via this platform when I was in a very trying situation.
Wishing you well Leyley and your worries will be allayed very soon.
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Old 8th October 2011, 19:35   #9 (permalink)
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Re: Tapu change after death of partner

Alison, I am neither a layer or associated with any kind of business here in Turkey, my advice was simple, visit the offices of the people who deal with these things i.e. the Tapu office.

My Turkish mother in law died two years ago followed by my father in law three months later. They left behind three properties, one in Istanbul, one in Ankara and one near Ayvalik. The house in Istanbul was transferred into my sister in laws name (her name was already on the Tapu as well). transaction time two hours, cost zero. The house in Ayvalik was transferred into my brother in laws name with the proviso that both his siblings had a charge over the house whilst they were still alive. Transaction time one hour, cost zero. The house in Ankara is still in the hands of the Kooperatif and has yet to be sorted.

The case that matters is the house in Istanbul because the circumstances are the same, two names on the Tapu. If I am wrong then it’s because two Tapu offices in different parts of Turkey have made the same mistake.

My advice remains the same, go to the right people for your advice.
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Old 8th October 2011, 20:18   #10 (permalink)
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Re: Tapu change after death of partner

Thanks to everyone who has replied - and yes, I do think it is worth a visit to the Tapu office in Ortaca before I commit to seeing a lawyer. However, after my request to the Belediye to change the council tax and water into my name - this was met with a no and a demand to change the Tapu first..........

You are all right there is absolutely no rush - however, having had one recent death I am aware of how difficult a situation I could leave for my son if anything happened to me or even if I want to sell the property.

I have to say that I also understood I would have to go to court [or someone on my behalf] to sort this out - it may be different if you are Turkish. However, my biggest concern is the requirement to give POA to achieve this.

Has any other foreigner been through this process recently and could give some further advice?
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