Short answer
Unmarried foreign partners can purchase a flat in Turkey as co-owners with defined shares recorded on the title deed (tapu) under the Turkish Civil Code rules on co-ownership in shares (paylı mülkiyet). Their names and individual ownership percentages appear on the title, and each partner’s rights and obligations are proportional to the registered share. This arrangement is legally distinct from marital property regimes and operates under the Land Registry Law for foreigners’ acquisition and the Civil Code for shared ownership and management.
Legal basis and eligibility
Article 35 of the Land Registry Law (Law No. 2644) permits foreign natural persons to acquire immovable property in Turkey, subject to area and zoning limitations, including a maximum of 30 hectares in total across the country and the district-level 10% cap in areas designated for private ownership in zoning plans. These rules apply per person and do not bar two foreigners from co-purchasing a single unit, provided all statutory limits and local restrictions are respected. Properties within military and security zones are subject to restrictions and checks by the land registry authorities during transfer to foreign buyers. [1] The Turkish Civil Code regulates co-ownership. Articles 688–701 define co-ownership in shares (paylı mülkiyet) and joint ownership without shares (elbirliği mülkiyeti), with paylı mülkiyet being the standard form for voluntary acquisitions such as a purchase by partners. Each co-owner holds a specific fractional share, may transfer or encumber that share, and participates in decisions according to the rules of the Civil Code. [2] Flats subject to condominium ownership are governed by the Condominium Law (Law No. 634). Title is held as independent unit ownership (kat mülkiyeti) or construction servitude (kat irtifakı), and co-owners may hold shares in an independent unit, which are then reflected on the condominium registry. [3]
How joint ownership is registered and managed
At the land registry office (Tapu ve Kadastro), both partners are identified as buyers and their respective shares, such as 50% each or another agreed proportion, are recorded on the title deed. The transfer is completed in person or through a notarized power of attorney (vekaletname). Foreign-issued powers of attorney must be notarized and apostilled (or otherwise legalized), translated into Turkish by a sworn translator, and registered for use in the land registry transaction. The Directorate of Land Registry and Cadastre provides the procedural framework for foreign purchasers, including document standards, sworn translations, and interpreter requirements where applicable. [6] Management of the property between co-owners follows the Civil Code. Ordinary management and use are exercised in line with the purpose of the property and the shares of the owners. Decisions exceeding ordinary management, such as major alterations or sale of the entire property, require the consent of all co-owners unless otherwise permitted by law or court decision. Each co-owner may transfer or mortgage their own share independently, but the sale of the entire flat requires unanimous execution or a prior agreement enabling representation. [2] Where the property is part of a condominium, the site management plan, owners’ assembly decisions, and the Condominium Law’s rules on common areas and dues bind all co-owners proportionally to their unit and internal agreement. [3]
Inheritance, exit, and dispute resolution
Succession of immovable property in Turkey is governed, as to immovables, by the law of the place where the property is situated under the Turkish Private International Law (Law No. 5718). This means that on the death of a co-owner, Turkish succession rules, including forced heirship for descendants and parents, apply to that person’s share regardless of nationality. An unmarried partner is not a statutory heir under Turkish law; any testamentary disposition is subject to the reserved portions of heirs under the Turkish Civil Code. Foreign wills may be recognized if they meet applicable form requirements, but they cannot infringe the reserved shares of protected heirs under Turkish law. [5] A co-owner may exit the arrangement by selling their share to a third party or to the other partner. If co-owners cannot agree on use, expenses, or sale, any co-owner may seek partition by settlement or, failing agreement, apply to the court for partition or sale and distribution of proceeds under the Civil Code provisions. Turkish courts can order judicial sale where physical division is impossible or contrary to the property’s nature. [2]
Costs, taxes, and financial considerations
On transfer of title, a title deed fee (tapu harcı) of 4% of the declared sales value is levied. By law the taxpayer is the seller and buyer jointly, and market practice commonly splits the 4% as 2% each party, though the split is a matter of contract between the parties. The rate and taxpayer definitions are set under the Fees Law No. 492 and the Revenue Administration’s guidance. [4] Annual property tax (emlak vergisi) is due under the Real Estate Tax Law No. 1319 and is assessed on the property; co-owners are liable in proportion to their shares. Municipal dues for environmental cleaning and condominium dues are also typically apportioned according to internal agreement or share ratios, subject to the Condominium Law and the site management plan. [7][3] Financing may be arranged jointly if a Turkish bank agrees to co-borrowers, in which case mortgages can be registered against the property or against an individual share. The land registry records mortgages and encumbrances at the unit and, if applicable, share level in accordance with the Civil Code and land registry procedures. [2][6] This information is general and does not replace advice tailored to your situation; consult a licensed Turkish attorney and tax professional before committing to a transaction.
Practical steps and documentation
The land registry will require valid passports, tax identification numbers for each buyer, proof of property valuation where applicable, recent title extract, and a translator for non-Turkish speakers during the signing. If one or both partners will not attend, a power of attorney must be properly legalized and translated. The title will show both names and the specified fractions. The registry also performs automatic checks for foreign acquisition restrictions, including military/security-sensitive areas, before approving the transfer. Where the flat is under condominium ownership, ensure the condominium registry is consistent with the independent unit’s status, and that there are no undisclosed liens or annotations that could affect a co-owner’s rights. The Directorate of Land Registry and Cadastre publishes the procedural guide for foreign purchases and maintains electronic pre-application systems to streamline appointments and document review. [6][1][3]
Summary
Unmarried foreign partners may purchase and hold a Turkish flat as co-owners in shares, with each partner’s percentage recorded on the title and rights governed by the Civil Code’s co-ownership regime. Foreign acquisition is permitted under Article 35 of the Land Registry Law, subject to national and local limits and registry checks. Condominium rules apply where relevant, succession to shares follows Turkish law for immovables, and standard taxes and fees, including the 4% title deed fee and annual property tax, apply proportionately. Clear agreement on shares, management, and exit mechanisms, supported by compliant documentation at the land registry, is essential for a predictable co-ownership experience.
Related Questions:
Q47 (Can foreigners register unequal shares when buying a Turkish apartment?)
Q48 (What happens to my Turkish property share if I die without a will?)
Q49 (How do powers of attorney work for foreign buyers at the land registry?)
Q51 (What due diligence should I complete before signing a Turkish property contract?)
References:
[1] Republic of Türkiye – Official Gazette (Resmî Gazete). “Land Registry Law No. 2644, Article 35.” https://www.mevzuat.gov.tr/MevzuatMetin/1.3.2644.pdf
[2] Republic of Türkiye – Official Gazette (Resmî Gazete). “Turkish Civil Code (Türk Medeni Kanunu) Articles 688–701.” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.4721.pdf
[3] Republic of Türkiye – Official Gazette (Resmî Gazete). “Condominium Law No. 634 (Kat Mülkiyeti Kanunu).” https://www.mevzuat.gov.tr/MevzuatMetin/1.3.634.pdf
[4] Republic of Türkiye Revenue Administration (GİB). “Title Deed Fee (Tapu Harcı) on Real Estate Sales.” https://www.gib.gov.tr
[5] Republic of Türkiye – Official Gazette (Resmî Gazete). “Law No. 5718 on Private International and Procedural Law (MÖHUK), immovables and succession.” https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5718.pdf
[6] General Directorate of Land Registry and Cadastre (TKGM). “Guidance for Foreigners Acquiring Property in Türkiye.” https://www.tkgm.gov.tr
Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.