Dissolution of Co-Ownership in Turkey: 2026…

A disagreement over an inherited home or jointly owned land does not necessarily leave the owners locked into co-ownership indefinitely. Under Turkish law, an action for dissolution of co-ownership, known as “ortaklığın giderilmesi” or “izale-i şüyu”, can lead to physical partition or a sale followed by distribution of the proceeds.

What is dissolution of co-ownership?

The procedure ends joint ownership of property. It can concern land, a home, business premises or movable assets. Ownership in defined shares and joint ownership within an undivided estate must be distinguished. Articles 642, 698 and 699 of the Turkish Civil Code provide key rules.

An owner may generally request partition without majority approval. However, obligations to maintain co-ownership, a lasting purpose allocated to the property and an inappropriate time for partition may limit the right. All owners must be involved in the proceedings; deceased owners’ heirs must be identified.

Is mediation mandatory?

Since 1 September 2023, applying for mediation before bringing a claim for partition or dissolution of co-ownership has been a procedural requirement under Article 18/B of Law No. 6325. Attendance in the process does not mean that the parties must agree.

Possible settlements include one owner buying the others’ shares, an agreed sale or a legally permissible partition. Agreements concerning immovable property require attention to formalities, statutory restrictions and judicial enforceability certification. If no settlement is reached, the final mediation record is relevant to the court application.

Which court handles the claim?

The competent court is the civil court of peace (sulh hukuk mahkemesi). For immovable property, the court at the property's location has exclusive territorial jurisdiction. Special rules apply where several properties are involved. The parties’ residence alone does not determine the correct court.

Physical partition or sale?

Physical partition means creating separate property interests through a legally and technically permissible division. The court considers the property’s size, character, ownership shares, planning rules and potential loss in value. Monetary equalisation may address differences between the resulting portions.

A flat cannot simply be divided into rooms to create separate titles. Agricultural land may be subject to additional division restrictions. Where partition is unsuitable, a judicial sale may be ordered. Restricting an auction to existing co-owners requires every co-owner’s consent under Article 699.

What happens after a sale order?

Valuation, notice, auction and distribution are separate stages handled through the sale procedure. Article 322 of the Code of Civil Procedure refers to the Enforcement and Bankruptcy Law for the sale. Co-owners may bid if they satisfy the applicable conditions; ownership of a share does not automatically entitle them to acquire the whole property.

Inherited property and title registration

Inheritance passes upon death. A property remaining registered in the deceased’s name does not by itself mean that partition can never be sought. Heirship, shares and the title record must nevertheless be established. Certificates of inheritance and, where necessary, documents for heirs who have subsequently died should be reviewed together.

Registering an inheritance and distributing an estate are different steps. Registration alone does not decide which heir will receive a particular property.

Documents, duration and costs

Relevant documents include current title records, parcel and unit information, the owners’ identification and addresses, the final mediation record and certificates of inheritance where applicable. Planning records, agreements and evidence concerning structures or improvements may also matter.

There is no universal completion period. The number of parties, service abroad, expert reports, appeals and the subsequent sale process affect timing. Initial court advances are not the final cost of the whole case.

Costs can include court fees, service, inspection, experts, sale expenses and legal representation. Current tariffs and the circumstances of the case must be checked. A privately agreed legal fee is distinct from a court-awarded legal fee.

Frequently asked questions

Can an heir block the process simply by refusing to sell?

Refusal alone does not remove another owner's right to seek partition, subject to the applicable legal limitations and prior mediation requirement.

Does occupation by an owner prevent partition?

Occupation alone does not prevent a claim. Any separate compensation for use depends on its own legal conditions.

Does this action automatically evict a tenant?

No. Dissolution of co-ownership is not itself an eviction judgment. The tenancy and the consequences of a sale require separate examination.

Are sale proceeds always divided equally?

No. Ownership and inheritance shares matter, and rights concerning structures, improvements or other burdens may affect distribution.

Is legal representation compulsory?

An individual can generally act without a lawyer, although identifying every party, framing the claim and following sale deadlines require careful legal assessment.

Before starting proceedings

Establish the title and inheritance position first. Compare an agreed buyout or sale with the likely consequences of litigation and a judicial auction. A settlement may offer a practical solution where all necessary parties accept it.

This article provides general information on Turkish law. A particular dispute requires assessment of the title records, parties’ legal positions and supporting documents.