When Co-Owners Cannot Agree
An inherited house, a plot bought together with siblings, or a flat that remained jointly owned after a divorce… One co-owner wants to sell, while another wants to keep using the property. For property owners living abroad, this can quickly turn into a frustrating problem: rental income cannot be shared, it is unclear who should pay property taxes and service charges, and the property slowly falls into disrepair.
Under Turkish law, the way out of this deadlock is the partition lawsuit (ortaklığın giderilmesi davası, also known as izale-i şuyu). In this article, we explain who can file it, where and at what cost, how the mandatory mediation that must come first works, and how the auction stage works.
What Is a Partition Lawsuit in Turkey?
A partition lawsuit is an action to end the co-ownership of an asset that belongs to more than one person. The court either divides the asset physically among the co-owners (division in kind, aynen taksim) or orders it to be sold and distributes the proceeds according to each owner’s share.
The lawsuit arises under two forms of co-ownership:
- Co-ownership in shares (paylı mülkiyet): Each co-owner holds a defined share in the land registry (e.g. 1/2 or 1/4). A co-owner may sell or mortgage their own share independently. The right to request partition is based directly on Articles 698 and 699 of the Turkish Civil Code (TMK).
- Joint ownership (elbirliği mülkiyeti): The typical example is a community of heirs. The heirs do not hold separate shares, and decisions on the property require unanimity. Here, joint ownership is first converted into co-ownership in shares (TMK Art. 644), or partition of the estate is requested directly (TMK Art. 642); the court then moves on to division or sale.
In practice, this lawsuit is most often filed for real estate. Because the right to request partition is not subject to any limitation period, every co-owner may file at any time for as long as the co-ownership continues.
Who Can File, and Against Whom?
Every co-owner, however small their share, can file a partition lawsuit. The lawsuit is filed against all other co-owners listed in the land registry (or, for a community of heirs, in the certificate of inheritance). If even one co-owner is left out, the parties are not fully constituted and the judgment will be reversed. If a co-owner has died, their heirs are joined to the proceedings in their place. For property acquired through inheritance in particular, the certificate of inheritance (veraset ilamı) is essential from the very start. You can find the details in our guide to the certificate of inheritance in Turkey.
There is effectively no winner or loser in this type of lawsuit. Even if the claimant requests a sale, the defendants may ask for division in kind, and the judgment has the same effect for all co-owners.
The right to request partition is limited only in the following cases (TMK Art. 698):
- the co-owners have agreed by contract to maintain the co-ownership (for a maximum of 10 years; for real estate, the agreement must be made in official form and may be annotated in the land registry),
- the asset has been dedicated to a permanent purpose,
- partition is requested at an inappropriate time.
A creditor of a co-owner may also file a partition lawsuit over the debtor’s share, using an authorization certificate issued by the enforcement court (Enforcement and Bankruptcy Law, İİK Art. 121).
Mandatory Mediation Before Filing
Applying to a mediator before filing a partition lawsuit is a mandatory precondition for the lawsuit.
- The mediator must conclude the process within three weeks of appointment; in compelling cases, this period may be extended by up to one week.
- If the parties reach an agreement, an enforceability annotation is obtained for the settlement agreement from the Civil Court of Peace where the property is located; registration can then be requested from the land registry office.
- If no agreement is reached, the final mediation report is attached to the statement of claim. If it is missing, the court sets a peremptory deadline; if the report is not submitted in time, the lawsuit is dismissed on procedural grounds.
- A lawsuit filed without any prior application to mediation is dismissed on procedural grounds for lack of a precondition.
Co-owners living abroad can take part in mediation through their lawyer in Turkey.
Which Court Hears the Case?
Regardless of the value in dispute, the competent court is the Civil Court of Peace (Sulh Hukuk Mahkemesi) (Code of Civil Procedure, HMK Art. 4/1-b). Territorial jurisdiction lies with the court where the property is located, and this jurisdiction is exclusive (HMK Art. 12). If several properties are located in different places, a single lawsuit covering all of them can be filed where any one of them is located.
Division in Kind or Sale?
Under TMK Art. 699, the court must first examine whether division in kind is possible. A sale is only ordered if division is impossible or would significantly reduce the value of the property.
Division in kind
If the property can be divided without loss of value, a court-appointed expert prepares a subdivision plan. Once the plan is approved by the municipality or the provincial administrative board, the parcels are allocated to the co-owners; if they cannot agree on who receives which parcel, lots are drawn. If the parcels are of unequal value, the lower-value parcel is balanced with a cash payment. For land with a building on it, condominium ownership may also be established and the individual units distributed among the co-owners, provided the legal requirements are met (Condominium Law, KMK Art. 12).
The main obstacles to division in kind are:
- Zoning rules: A parcel cannot be divided if it does not meet the minimum subdivision requirements of the zoning plan.
- Agricultural land: Under Law No. 5403, agricultural land cannot be divided below the minimum agricultural parcel size; if the Provincial Directorate of Agriculture and Forestry does not give a positive opinion, a sale is ordered.
- A single flat or an indivisible building: In practice, a single apartment or a detached house usually cannot be divided in kind.
Sale
If division in kind is not possible, the court orders partition by sale. As a rule, the sale takes place by public auction. A sale restricted to the co-owners requires the consent of all co-owners (TMK Art. 699/3). Law No. 7589, in force since 31 July 2026, introduced an important exception to this rule: if all owners acquired their shares through inheritance and no third party other than the heirs holds a share, the first auction is by law held only among the heir-owners, and no separate consent is required (İİK Art. 114/2). In this auction, bids must exceed 100% of the estimated value, and the procedure applies only once; if no sale results, the second auction is open to everyone. If one of the co-owners is not an heir (e.g. someone who bought a share), this exception does not apply. The proceeds are distributed according to the shares in the land registry or the certificate of inheritance after fees and costs have been deducted.
Buildings, trees and other improvements (muhdesat)
A co-owner who claims to have built a building or planted trees on the property can, if the other co-owners dispute this, file an action for a declaration of ownership of these improvements before the Civil Court of First Instance (asliye hukuk mahkemesi). The Civil Court of Peace waits for that decision as a preliminary question. The value of the improvements is then paid to their owner out of the sale proceeds first, and the remainder is distributed according to the shares.
Costs of a Partition Lawsuit
The co-owner who files the lawsuit pays the filing and advance court fees, the costs of service (postage), the site inspection fee, and the expert and transport fees up front. The more co-owners there are and the more documents must be served abroad, the higher the service costs.
Because there is no winner or loser, court costs and attorney’s fees are allocated at the end of the case to all co-owners in proportion to their shares. The claimant can recover from the other co-owners the portion of the costs attributable to them.
If a sale is ordered, a judgment fee of 11.38 per mille of the sale price is charged and divided among the co-owners according to their shares. This fee and the sale costs are deducted before the proceeds are distributed.
Because court fees, service costs and expert fees change every year, it is advisable to check the current tariffs and the amounts actually requested by the courts before filing.
The Auction Stage and the 2026 Changes
The sale process begins only once the judgment ordering partition by sale has become final; the property cannot be sold before the deadline for appeal (istinaf) has expired or the appeal has been decided. In these cases, the decision of the Regional Court of Appeal is final, and no further appeal to the Court of Cassation is possible (HMK Art. 362/1-b). Once the judgment is final, the file is sent to the sales office at the request of one of the parties. The sale is conducted by the sales officer appointed by the court. An expert determines the estimated value of the property (valuation).
Law No. 7589 (the 12th Judicial Reform Package), published in the Official Gazette and in force since 31 July 2026, made three changes to İİK Art. 114 that directly affect partition sales:
1. For inherited property, the first auction is held only among the heirs. If all owners acquired their shares through inheritance and no third party other than the heirs holds a share, only the heir-owners may take part in the first auction. Bids in this auction must exceed 100% of the estimated value. The procedure applies only once: if no sale results, the second auction is open to everyone and is based on 50% of the estimated value.
2. Co-owners must also pay a security deposit. Previously, co-owners could be exempted from the security deposit in proportion to their shares. Now, a co-owner who wishes to bid must provide a security deposit like any other bidder.
3. Heavy sanctions for bidders who fail to pay. If the highest bidder does not pay the price on time, the security deposit is not returned. It is first applied to the sale costs, and the remainder is paid to the co-owners in proportion to their shares; if the defaulting bidder is a co-owner, the entire deposit goes to the other co-owners. In addition, the defaulting bidder receives an administrative fine of 5% of the bid amount.
These changes do not apply to auctions announced before 31 July 2026.
What does this mean in practice? An heir who wants to keep the family home should arrange financing in advance in order to bid above the full estimated value in the first auction. Heirs living abroad should set up their banking arrangements in Turkey before the auction so that they can pay the deposit and the purchase price on time.
Once the auction is final and the price has been paid, the property is registered in the buyer’s name. If a former co-owner or occupant does not vacate the property, the enforcement office issues a 15-day eviction order at the buyer’s request (İİK Art. 135). The statutory right of pre-emption cannot be exercised in these court-ordered auction sales (TMK Art. 733).
Practical Tips for Co-Owners Living Abroad
- Power of attorney: You can grant your lawyer a power of attorney so that the case can proceed without you having to travel to Turkey. It can be issued at the Turkish consulate in your country of residence; if it is executed before a foreign notary, an apostille and a sworn translation are required. The power of attorney must expressly authorize your lawyer to settle in mediation, to conclude a settlement and to bid in the auction.
- If you are the defendant: If a statement of claim is served on you, do not miss the deadline to respond. Rights such as requesting division in kind, claiming ownership of improvements or objecting to the valuation can only be asserted in time.
- Bidding in the auction: The e-Sale Portal (e-Satış) is accessed via e-Devlet identity verification. Bidding from abroad is possible, but make sure your banking arrangements in Turkey are in place beforehand so that the deposit and the price can be paid on time.
- Tax: As a rule, no capital gains tax arises in Turkey on the sale of property acquired through inheritance. For shares acquired by purchase, tax may arise if the sale takes place within 5 years of acquisition.
Frequently Asked Questions
Can the lawsuit be filed if one co-owner does not agree? Yes. Every co-owner can request partition without the consent of the others.
Can I sell my share without filing a lawsuit? Under co-ownership in shares, you can sell your share to a third party; however, the other co-owners have a statutory right of pre-emption (TMK Art. 732). This right can be exercised within 3 months of learning of the sale, and in any case within 2 years of the sale. Under joint ownership (a community of heirs), an individual heir cannot sell a share in the property on their own.
Does the person who files the lawsuit pay all the costs? No. The claimant pays the costs up front, but at the end of the case they are allocated to all co-owners in proportion to their shares.
What if one co-owner uses the house alone? The other co-owners may, where the conditions are met, claim compensation for use (ecrimisil) in a separate lawsuit. Between co-owners, this generally requires a prior formal notice showing that the others were prevented from using the property.
Can an outsider buy an inherited house at the auction? If all owners are heirs and there is no third-party co-owner, only the heirs may take part in the first auction. If no sale results, the second auction is open to everyone.
If we reach an agreement in mediation, do we still need to go to court? No. Once an enforceability annotation has been obtained for the settlement agreement, registration in the land registry can be requested.
How long does a partition lawsuit take? It depends on the number of co-owners, the time needed for service of documents, and whether an appeal is filed. If many co-owners live abroad, the process may take longer.
