There are many types of loans in banks.
Some of these are housing, vehicle and general purpose loans. While a normal need or vehicle loan is not sought consent, mortgage loan is required. In houses where banks are secured in loan transactions, obtaining the consent of the spouse in case the owner is married is called the spouse consent.
Banks are required to obtain the consent of their spouse if the owner of the house is married in the houses to be secured due to the credit transactions. In this case, co-consent is obtained for mortgage transactions. Mortgages taken without the consent of the spouse may be invalidated by a lawsuit that may be filed by the spouse without consent in the future.
The purpose of the regulation in Article 194 is to take measures against the malicious behavior of the spouse who has the right to family housing during the periods when the marriage is damaged. In this way, the rights of spouses and children who have no right to family housing are also protected.
To find out if the spouse’s registration status is important when using a mortgage, visit the relevant page.
Cases where Consent is Required
Banks are obliged to obtain the consent of their spouses in order to prevent allegations of invalidity of mortgages in the future. Spouses who do not consent while using housing loans may find it difficult to share property in case of future divorce.
For the housing which is the spouse’s consent, it cannot make a saving transaction that puts the purchase-sale or debt obligation without the spouse’s consent.
Spouse Approval Cases
Spouses who are about to divorce also have a special case. The spouses to be divorced or one of the spouses who live separately by court order may generally choose to buy a new home. In this case, if the purchase is to be made with a housing loan, even if the divorce has not been realized, the court can present the court’s decision document to the bank and withdraw the loan.
Consent of spouses in the guarantor
Another issue that should be obtained from the spouse’s consent is the guarantor against the debt. In all kinds of loans, guarantors cannot vouch without the consent of the spouse. The person who will be the guarantor must go to the bank and sign that his wife has approved his guarantor.
The guarantor of a guarantor without the consent of the spouse is not accepted. Anyone who is a guarantor without the consent of a spouse must be divorced by law or have a decision to live separately by court order.
The purpose of this arrangement is to protect the economic future of the family and the unity of the family institution.