Real estate transactions involving minors in Turkey are subject to strict legal regulations designed to protect the interests of children while ensuring compliance with Turkish property law. Whether you are a Turkish citizen or a foreigner considering property acquisition for a minor, understanding the legal framework is essential for a smooth and lawful process.

Can Minors Own Property in Turkey?

Yes, minors (individuals under 18 years old) can legally own property in Turkey. Turkish Civil Code allows minors to acquire real estate by purchase, inheritance, or gift. However, due to their limited legal capacity, minors cannot independently carry out real estate transactions—specific procedures and safeguards are in place.

How Are Real Estate Transactions for Minors Conducted?

• Parental Authority:
  A minor’s legal guardians (usually parents) represent them in all real estate transactions. The guardian acts on behalf of the minor for buying, selling, or managing property.
• Court Approval Requirement:
  For significant transactions—such as selling, mortgaging, or leasing property owned by a minor—the guardian must obtain prior approval from the Family Court. This is to ensure the transaction serves the minor’s best interests and prevents potential abuse or loss of assets.
• Application Process:
  1. The guardian submits a petition to the Family Court, detailing the proposed transaction and justifying its necessity or benefit for the minor.
  2. The court reviews the application, often appointing an independent expert to assess whether the transaction is in the minor’s interest.
  3. If approved, the court issues a decision, which must be presented to the land registry office to complete the transaction.
• Inheritance and Gifts:
  Minors can inherit or be gifted property without court approval, but any subsequent sale or encumbrance (e.g., mortgage) of the property still requires court consent.

Key Legal Considerations

• Property Registration:
  All real estate owned by minors must be registered at the land registry in the minor’s name, with guardianship details noted.
• Joint Ownership:
  If a property is co-owned by a minor and adults (e.g., parents), any transaction involving the minor’s share still requires court approval and the consent of all co-owners.
• Foreign Minors:
  Foreign nationals under 18 can own property in Turkey, subject to the same procedures. However, additional documentation (such as translated and notarized birth certificates and guardianship documents) may be required.

Practical Guidelines for Families and Investors

• Seek Legal Counsel:
  Due to the complexity and the need for court involvement, consult a Turkish real estate lawyer experienced in transactions involving minors.
• Prepare Documentation:
  Gather all necessary documents, including the minor’s birth certificate, guardianship papers, and, if applicable, court approval for the transaction.
• Plan for Processing Time:
  Court approval can take several weeks, so factor this into your transaction timeline.
• Inheritance Planning:
  If planning to leave property to a minor, consult a legal expert to structure the inheritance in compliance with Turkish law and ensure smooth succession.

Conclusion

While Turkish law allows minors to own real estate, any significant transaction involving a minor’s property—especially sales or mortgages—requires Family Court approval to safeguard the child’s interests. Whether you are a Turkish citizen or a foreign investor, understanding these legal requirements and working with qualified professionals will help ensure a secure and compliant property transaction for minors in Turkey.

For all your inquiries regarding real estate investment, property management, citizenship by investment, or legal guidance in Turkey and the UAE, you can easily connect with the Homist Team. Realty Homist is a licensed, international real estate advisory firm with offices in Istanbul (Emaar Square) and Dubai, specializing in helping both local and global investors achieve their property and financial goals