Author Topic: Removing a name from a Tapu  (Read 6860 times)

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Offline Cennet

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Removing a name from a Tapu
« on: July 18, 2010, 19:03:08 PM »
Hi
I am now divorced and our villa needs to be transfered into my sole name. Has anyone had any experience of this? My ex has no intention of ever coming to Turkey. She has a solicitor as do I.
What do I need from her solicitor? Has anyone any idea?
Please only answer if you have had experience of how this can be done.
Many Thanks
Ray



Offline tonysue

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Removing a name from a Tapu
« Reply #1 on: July 18, 2010, 20:42:46 PM »
As I understand it names cannot be removed from tapu. You and ex will have to sell it to yourself and all fee's and taxes need to be paid to government as well as any capital gains tax if the tapu is less than 5 years old.

Offline Scunner

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Removing a name from a Tapu
« Reply #2 on: July 18, 2010, 20:52:08 PM »
Yes sadly that is correct. You will in effect be buyer and seller so need to pay the purchase tax (as buyer) and capital gains tax (as the seller). If you have owned the property for a good number of years, you may avoid the CGT (4 or 5 years depending on when you bought).

My advice to you is to have a private agreement drawn up with your ex-wife confirming that you own the property in reality. It is also advisable to get power of attorney from her to sell on her behalf as having paperwork that shows you are the whole outright owner will count for nothing when you come to sell.

One final piece of advice - if you ex-wife dies, don't tell a soul in Turkey till you've sold the property using the PoA she gave you  ;)

Offline hubblebubble

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Removing a name from a Tapu
« Reply #3 on: July 24, 2010, 20:06:57 PM »
..well as you would be setting the sale price I rather hope you can avoid cgt.
This is one of those occasions when the value on your tapu really matters.
Bear in mind the five years for cgt would start again at the transfer date.

Offline mikeh

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Removing a name from a Tapu
« Reply #4 on: April 03, 2011, 09:41:52 AM »
I know this is an old thread, but I would like to ask can this private agreement and POA be carried out in the UK?

Offline grahamturner09

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Removing a name from a Tapu
« Reply #5 on: April 03, 2011, 10:54:03 AM »
POA has to be in Turkey you have to go to the notares [this may be spelt wrong] office.

Offline Scunner

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Removing a name from a Tapu
« Reply #6 on: April 03, 2011, 10:59:45 AM »
Actually you can - you need a notary solicitor in the UK (check you local practice as they should be able to do it). For use in Turkey it also needs to be sent to the (UK) Foreign Office to receive what is known as an apostille stamp which legalises the document. Then it is returned to the solicitor, then can be forwarded/taken to Turkey for use.

All that said, I have also had power of attorneys sent from the UK that were nothing more than a few lines of handwriting on an A4 sheet, signed at the bottom, and I was allowed to use them in the Turkish offices of power. Here (there) is Turkey, as they say...

Offline grahamturner09

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Removing a name from a Tapu
« Reply #7 on: April 03, 2011, 11:49:30 AM »
I stand corrected Mr Scunner :D

Offline kayakebab

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Removing a name from a Tapu
« Reply #8 on: April 04, 2011, 09:12:57 AM »
How is purchase tax calculated? Is it a percentage of the whole value of the property, or based on the amount being offered for the other persons share of the property? What percentage is it?
Any idea roughly of the notary fees to sell your share to an ex?

Offline Scunner

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Removing a name from a Tapu
« Reply #9 on: April 04, 2011, 09:34:10 AM »
The percentage for purchase tax is now 3.3% and will be calculated on the whole property - not the share being transferred only. The amount would be 3.3% of the value as quoted on the tapu - not the one you hold now, the new one in the single owner's name. Acceptable values are now far more rigorously controlled, the days of huge undervaluing property on title deeds are pretty much over. The new quoted value could well need to be pretty much the true market value. As for notary/deed office fees, don't worry about them, they will be dwarfed by the property purchase tax due.




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