Must Attachment of My Only Home Always Be Lifted?

Attachment, Sale, and Collection

Owning only one home does not mean attachment will always be lifted. The suitable-home protection in Article 82 of the Enforcement and Bankruptcy Law is assessed through the debtor's and family's needs and the property's value. If value exceeds suitable housing needs, sale and reservation of a housing amount from proceeds may arise. Each case must be assessed separately.

Attachment and knowledge dates, service, and the complaint period matter. Prepare title records, family and accommodation circumstances, and other housing options. Check which date was used to value the property and suitable replacement housing. Case law attaches importance to the attachment date; current property advertisements alone do not complete the file.

A mortgage, the debt's nature, or earlier statements may require separate assessment. Saying only that you have no other home may not explain every need. For residence abroad, actual use of the Turkish home and family needs must be shown concretely. A relative living there must not be confused with the scope of your own protection.

Prepare the attachment entry, service documents, and any mortgage agreement together. If sale has begun, add the notice and valuation; housing-exemption and sale-related application periods require separate assessment.