Partition Action in Turkey: How to Force the Sale of Co-Owned Property

What Is a Partition Action in Turkey?

A partition action in Turkey is a liquidation lawsuit filed when continuing the co-ownership is no longer feasible or reasonable for the co-owners, seeking the fair distribution of the jointly owned asset so that each co-owner obtains sole ownership in return for their share. In this sense the lawsuit serves as a liquidation process that dissolves the legal relationship between co-owners; once it is concluded, no co-ownership relationship remains over the property.

This outcome clarifies the status of the property, especially where it has been the subject of prolonged disputes among the co-owners. It is one of the most frequently used lawsuits in Turkish practice for resolving long-standing disagreements among co-owners of immovable property.

1. What Is the Legal Basis of a Partition Action in Turkey?

Although the partition action in Turkey is not named as such in the Turkish Civil Code No. 4721, its legal basis stems primarily from Articles 698 and following, which regulate the termination of shared ownership. Under Article 698, unless there is an obligation to maintain the co-ownership, each co-owner has the right to demand the partition of the property; if this right cannot be exercised voluntarily, it is enforced through judicial means.

The form of partition is regulated in Article 699 of the Turkish Civil Code: partition is carried out by dividing the property in kind or by selling it through private sale or auction and dividing the proceeds. For inherited property, which is the most common source of joint ownership, each heir may ask the civil court of peace under Article 642 to partition specific estate assets in kind or, if that is not possible, by sale.

Under Turkish law, the partition action is the only legal way to terminate co-ownership forcefully and lawfully. If the co-owners cannot conclude a contract or reach an agreement regarding the division, the court will decide, depending on the nature of the movable or immovable property, either to partition it in kind or, if that is not possible, to order its sale and distribute the proceeds according to the shares. The lawsuit thus facilitates an equitable liquidation of the property by the court when co-owners fail to agree on its division.

For example, Ali, Hasan and Fatma are co-owners of a plot of land inherited from their father under joint ownership according to Turkish Inheritance Law. Although the land has been registered in the names of the heirs, it has not been physically divided. Over time disagreements arose regarding the use of the land: Ali wanted to cultivate it, Hasan preferred to sell it and share the proceeds, while Fatma intended to build a house on it.

When the parties could not reach an agreement, Hasan filed a partition lawsuit in Turkey at the Civil Court of Peace, claiming that continuation of the co-ownership was no longer possible. Following an on-site inspection and expert reports, the court determined that physical partition of the land was not feasible and ordered the land to be sold by auction, with the proceeds distributed among the heirs in proportion to their shares.

As this example shows, the parties resorted to a partition suit in Turkey because they could not divide the property themselves; the court terminated the co-ownership and ensured individual ownership through a forced sale of property in Turkey. Thanks to this lawsuit the co-ownership legally ended, and each co-owner gained the unrestricted right to dispose of the amount received for their share.

2. Is a Partition Action the Same as a Lawsuit for Transition to Shared Ownership in Turkey?

A partition action in Turkey is not the same as a “lawsuit for transition to shared ownership”. While a partition action aims to end the existing co-ownership completely, a transition to shared ownership refers to a different legal mechanism.

Under Article 644 of the Turkish Civil Code, transition to shared ownership converts the joint ownership of heirs over estate assets into shared ownership; the co-ownership does not end, but each heir’s share becomes defined. In a partition action, by contrast, the co-ownership itself is liquidated through partition in kind, sale or conversion to condominium ownership.

The key features of a partition action under Turkish law are summarised in the table below. Each item is explained in detail in the relevant section of this guide.

What Are the Types of Co-Ownership in Turkey?

Co-ownership in Turkey refers to a situation in which multiple individuals hold ownership rights over the same asset simultaneously, and Turkish law examines it under three main categories: shared ownership (tenancy in common), joint ownership and condominium ownership. In order to properly understand a partition action in Turkey, it is essential to first clarify the legal nature and types of co-ownership.

Co-ownership can only be established within the legal framework expressly provided by statute. At its core lies the existence of shared ownership rights over a single property by more than one person, which inherently requires the distribution of rights and obligations among the co-owners; each type has distinct legal consequences and affects how to end co-ownership in Turkey.

1. What Is Shared Ownership (Tenancy in Common) in Turkey?

Shared ownership in Turkey refers to a situation where multiple individuals hold specific shares in a single property. Each co-owner’s ownership right pertains to a defined and independent portion; for immovables these shares are predetermined and clearly stated in the land registry.

• Independent Disposal of the Share: Under the shared ownership regime in Turkey, each co-owner can independently exercise control over their share, including transfer, pledge, mortgage, or enforcement.
• No Physical Division Required: Even without any physical division among the co-owners, the legally established share proportions remain valid.
• Ending the Co-Ownership: In such ownership structures, a co-ownership dispute in Turkey can be resolved by filing a partition action, which legally ends the co-ownership.

2. What Is Joint Ownership in Turkey?

In joint ownership in Turkey, the individual shares of the co-owners are not specifically defined, and all co-owners are considered to jointly own the entire property as a whole. This type of ownership commonly arises in cases of inheritance probate process in Turkey or simple partnerships.

• Unanimity Rule: No co-owner can independently dispose of or manage the property; all actions must be carried out unanimously (Turkish Civil Code Art. 702).
• Tighter Legal Bond: Since the co-owners cannot define or transfer their individual shares, this form of ownership involves a tighter legal bond.

3. What Is Condominium Ownership in Turkey?

Condominium ownership in Turkey is a special type of property ownership established under Turkish real estate law for the independent units of a completed building. Each owner holds exclusive ownership of a private unit (such as an apartment) while also sharing ownership of the common areas (stairs, elevators, parking lots, etc.) in accordance with the principles of shared ownership.

Condominium ownership is governed by the provisions of Law No. 634 on Condominium Ownership and becomes legally effective once it is registered in the land registry. This dual structure requires owners to operate within both individual and co-ownership frameworks, so cooperation is essential in property management, collective decision-making and the sharing of common expenses; in cases of disagreement, especially concerning shared areas, a co-ownership dispute in Turkey may arise and require legal resolution.

4. What Is the Difference Between Shared and Joint Ownership in Turkey?

The type of co-ownership directly affects the parties and documents of a partition lawsuit in Turkey. The main differences between the three types are shown below.

What Are the Requirements for Filing a Partition Lawsuit in Turkey?

To file a partition lawsuit in Turkey, the property must be under shared or joint ownership, the lawsuit must be directed against all co-owners, the property must be clearly identified and there must be no legal obstacle to terminating the co-ownership. If it is not possible to divide the property through mutual agreement, a partition action may be filed to terminate the co-ownership by court decision and establish individual ownership. In addition, applying to a mediator before filing is a procedural precondition.

1. Determination of the Type of Co-Ownership under Turkish Law

In order to bring a partition action in Turkey, the property in question must first fall under either tenancy in common (shared ownership) or joint ownership (co-ownership of the whole without defined shares). The property may be immovable (land, residence, field, etc.), movable (vehicles, machinery, valuable goods), or valuable documents (such as stocks), and it must legally correspond to the relevant ownership type.

2. Filing the Lawsuit Against All Co-Owners in Turkey

A partition lawsuit in Turkey can be filed by one or more co-owners; however, the lawsuit must be directed against all co-owners. This rule is a fundamental procedural requirement for proper party formation; if any party is missing, the court cannot proceed to the merits, and if the defect is not remedied the case may be dismissed on procedural grounds.

3. Clear Identification of the Property in a Turkish Partition Lawsuit

Under Turkish law, the complaint must include complete legal and technical information regarding the property under co-ownership. For immovable properties this includes title deed details (province, district, neighbourhood/village, block, parcel, description, etc.), and for vehicles the licence plate and registration information must be clearly specified. In case of errors or deficiencies in the title deed records, the court may grant the plaintiff a period to rectify them.

4. Legal Possibility of Terminating the Co-Ownership under Turkish Law

Under Article 698 of the Turkish Civil Code, partition cannot be demanded where a legal transaction or the permanent dedication of the property to a specific purpose obliges the co-owners to maintain the co-ownership. Therefore, the court evaluates the nature and current status of the property to determine whether any legal obstacle prevents the dissolution of the co-ownership in Turkey.

• Agreement Not to Partition: The right to demand partition may be restricted by a legal transaction for a maximum of ten years; for immovables, agreements to maintain shared ownership must be made in official form and may be annotated in the land registry.
• Permanent Dedication: The dedication of the property to a permanent purpose (for example a passage or facility reserved for the co-owners’ common use) may require the co-ownership to continue.
• Inappropriate Time: Under Article 698/3, partition cannot be requested at an inappropriate time.

The requirements for filing and the consequences of failing to meet them are summarised below. In conclusion, a partition action in Turkey is an effective judicial mechanism aimed at individualising ownership rights and terminating co-ownership in a property ownership dispute; the court process emphasises the protection of the parties’ ownership rights and the equitable distribution of the property in Turkey.

How to File a Partition Lawsuit in Turkey? Step-by-Step Stages

A partition lawsuit in Turkey is filed by first applying to the mediation office and, if no agreement is reached, submitting a statement of claim together with the final mediation report to the Civil Court of Peace where the property is located and paying the court fees and cost advance. After filing, the case proceeds through service, preliminary examination, on-site inspection and expert examination, judgment, appeal and finalisation; if a sale is ordered, the file is sent to the sales office.

1. Mediation application: An application naming all co-owners is made to the mediation office where the competent court is located; the mediator concludes the process within three weeks of appointment, extendable by one week where necessary.
2. Statement of claim: The petition lists all co-owners and their addresses, the title deed details and the requested method (partition in kind, sale or condominium ownership); the final mediation report is attached.
3. Fees and cost advance: The application fee, advance fee and a cost advance covering service, inspection and expert fees are paid.
4. Service and response: The petition is served on all defendant co-owners; service on co-owners living abroad or at unknown addresses is often the most time-consuming stage.
5. Preliminary examination and party formation: The court checks procedural requirements and party formation; if a co-owner has died, a certificate of inheritance is obtained and the heirs are joined.
6. On-site inspection and expert report: The court inspects the property and determines, with experts, whether it can be divided in kind or converted to condominium ownership and what it is worth.
7. Judgment: The court orders partition in kind, condominium ownership or partition by sale.
8. Appeal and finalisation: The judgment may be appealed; judgments concerning immovables and real rights cannot be enforced until they become final (Code of Civil Procedure Art. 350/2).
9. Sale and distribution: Once the sale decision is final, the file is sent to the sales office on request; the proceeds are distributed to the co-owners in proportion to their shares after deduction of costs.

A short overview of the stages is given below. The duration of each stage in Turkey depends on the number of parties, difficulties of service and the court’s workload.

What Documents Are Required for a Partition Lawsuit in Turkey?

For a partition suit in Turkey, the final mediation report, the title deed record or vehicle registration, a certificate of inheritance where a co-owner has died, and other documents proving the co-ownership are attached to the statement of claim. The plaintiff is required to submit documents proving the co-ownership relationship, and the documents must establish its legal validity.

• Final mediation report: The original or a mediator-certified copy of the report stating that no agreement was reached.
• Title deed records: A current title deed record; licence plate and registration details for vehicles.
• Certificate of inheritance: Where the co-ownership arises from inheritance or a co-owner has died.
• Notarised agreements, court rulings and written contracts: Documents showing the source of the co-ownership or earlier agreements on partition.
• Identity and address details of co-owners: Needed so that service can be made on every co-owner.

The function of each document is summarised below. Missing documents delay party formation and therefore the whole lawsuit in Turkey.

Is Mediation Mandatory in Partition Actions in Turkey?

As of 1 September 2023, partition actions in Turkey have been included within the scope of mandatory mediation. Under Article 18/B of Law No. 6325 on Mediation in Civil Disputes, applying to mediation in disputes concerning the partition of movables and immovables and the dissolution of co-ownership has become a prerequisite for filing a lawsuit.

1. What Should Be Considered During Mediation in Turkey?

Within this framework, in any partition action in Turkey concerning movable or immovable properties subject to joint or shared ownership, the following rules apply:

• Mandatory Prior Application: It is mandatory to apply to mediation before filing the lawsuit.
• All Co-Owners Must Be Named: The mediation application must be directed to all co-owners who will be defendants in the case; starting mediation with missing parties may result in the failure to meet the lawsuit prerequisite.
• Final Report: The final record issued at the conclusion of the mediation process must be submitted to the court along with the lawsuit petition; if it is not, the court grants a one-week final period.
• Filing Without Mediation: If a lawsuit is filed in Turkey without prior mediation, the court will dismiss the case on procedural grounds due to the absence of this prerequisite.
• Registration After Settlement: If the parties settle, an enforceability annotation must be obtained from the civil court of peace where the property is located; the land registry can then register a transfer based on the settlement agreement without an official deed of sale.

The purpose of this practice is to encourage the resolution of property ownership disputes in Turkey through initiating the mediation process in Turkey before resorting to judicial proceedings, thereby reducing the number of lawsuits and the duration of trials and promoting a culture of reconciliation. However, if mediation does not result in an agreement, parties retain their legal right to pursue their claims in court.

Who Can File a Partition Lawsuit in Turkey and Against Whom?

The partition lawsuit in Turkey can be filed by one or more co-owners and must be directed against all other co-owners. The person or persons filing the lawsuit are called the plaintiff(s), and all other co-owners are defendants; this is a unique feature of the partition action in Turkey regarding party composition. The lawsuit must be directed against all co-owners without exception; otherwise the court cannot proceed to the merits without complete party formation and may dismiss the case on procedural grounds.

1. Can Companies and Legal Entities File a Partition Lawsuit in Turkey?

The right to file this lawsuit covers all natural and legal persons who hold shared or joint ownership over the relevant movable or immovable property in Turkey. Accordingly, not only individuals but also associations, companies established in Turkey and foreign companies’ branches in Turkey can act as plaintiffs in their capacity as co-owners.

2. Can Foreigners File a Partition Lawsuit in Turkey?

Foreigners acquiring real estate in Turkey have the same right as Turkish citizens to file a real estate partition action in Turkey for properties in which they hold shares. Although the acquisition of immovable property by foreigners is subject to certain restrictions under Article 35 of the Turkish Land Registry Law No. 2644, once acquired, co-ownership relations over the property are governed by the Turkish Civil Code and related procedural laws.

Therefore, foreign nationals who hold shares in a property may file a partition lawsuit in Turkey alone or jointly with other co-owners in Turkish courts without needing any additional permits or being subject to special foreigner laws during the litigation process. A co-owner living abroad may have the case conducted by an English-speaking lawyer in Turkey under a power of attorney. Where the auction price is sent from abroad or sale proceeds are transferred abroad, banks may question the source of the funds under the MASAK rules.

3. Who Becomes a Party if a Co-Owner Dies in Turkey?

In the event of the death of a co-owner, their heirs succeed to the deceased’s position and gain the status of parties in the heirs property dispute in Turkey within the partition action. Since the deceased co-owner’s share is jointly represented by all heirs, not just one heir but all must be parties to the case. In this case:

• Certificate of Inheritance: First, a certificate of inheritance must be obtained and the heirs of the deceased determined. Heirs may be legal heirs under law or those appointed by a will in Turkey.
• Determining the Estate: If the deceased’s estate is unknown, it is important to file an inheritance determination lawsuit before the partition lawsuit to determine the estate.
• Heirs Who Renounce: Heirs who renounce the inheritance in Turkey are not parties in this lawsuit.
• Lawsuit Among Heirs: The heirs may bring the partition action in Turkey against the other heirs or co-owners to terminate the co-ownership over the inherited property.
• Complete Party Formation: Complete inclusion of heirs is mandatory both in terms of legal capacity and as a procedural requirement; if this is not met, the court will not continue the trial without the missing parties.
• Registration of Inheritance: Since heirs acquire the estate upon the death of the deceased (Turkish Civil Code Art. 599), prior registration of the inheritance in the land registry is not required to file the lawsuit; it can be filed with the certificate of inheritance.

Leaving out one of the heirs is one of the most common reasons why partition lawsuits drag on for years. Particularly for inherited real estate, consulting an inheritance lawyer in Turkey before filing a partition suit over real estate in Turkey is highly important.

Since shared ownership can also exist between spouses, the division of a home jointly owned by former spouses after a divorce in Turkey is also achieved through a partition action. This lawsuit is separate from the liquidation of the matrimonial property regime; a partition lawsuit only determines how the shared ownership over the property ends.

The position of each person in a partition lawsuit in Turkey is summarised below. Defects in party formation are one of the most frequent causes of delay.

4. Can a Partition Lawsuit Be Filed Without a Lawyer in Turkey?

A partition lawsuit can be filed without a lawyer in Turkey: under Article 35 of the Attorneys Act No. 1136, anyone with capacity to sue may file and pursue their own case personally. However, procedural errors such as failing to name all co-owners and heirs, failing to submit the final mediation report or paying an insufficient cost advance may prolong the case or lead to its dismissal on procedural grounds.

Where the lawsuit is conducted by a lawyer, attorney fees and litigation costs are shared among the co-owners in proportion to their shares, without any winner-loser distinction. For co-owners living abroad and for multi-party inheritance cases, representation by a litigation lawyer in Turkey usually speeds up the process.

Which Court Has Jurisdiction in Partition Actions in Turkey?

Under Article 4 of the Turkish Code of Civil Procedure No. 6100, the competent court in partition lawsuits in Turkey is the Civil Court of Peace regardless of the value of the property, and for immovables the court of the place where the property is located has jurisdiction. The partition action in Turkey is a legal proceeding subject to special rules regarding subject-matter competence and territorial jurisdiction, which are governed by the Code of Civil Procedure and relevant special legislation.

1. Which Court Is Competent to Hear a Partition Suit in Turkey?

In partition lawsuits in Turkey, the competent court, pursuant to the explicit provisions of the Turkish Code of Civil Procedure No. 6100, is the Civil Court of Peace. This court is competent regardless of the value of the disputed property or the share ratios of the co-owners. Additionally, as a general rule, simplified trial procedures apply in Civil Courts of Peace (Article 316 of the Code of Civil Procedure).

2. Which Court Has Territorial Jurisdiction over a Partition Action in Turkey?

Under Turkish procedural law, there is a distinction regarding jurisdiction depending on whether the disputed property is movable or immovable. This distinction is critically important for ensuring the lawsuit is conducted properly:

1. Immovable Property: The partition action must be filed at the Civil Court of Peace where the immovable property is situated; this is a strict (exclusive) jurisdiction rule (Code of Civil Procedure Art. 12/1). Where the case concerns several immovables, it may be filed where one of them is located for all of them (Art. 12/3).
2. Movable Property: For movable properties the competent court is the court of the defendant’s place of residence, which is the general rule (Article 6 of the Code of Civil Procedure), since there are no special jurisdiction provisions for these cases. For actions concerning the partition of an estate, the court of the deceased’s last domicile has exclusive jurisdiction (Art. 11).

A lawsuit filed in a court lacking jurisdiction ends with a decision of lack of jurisdiction, ex officio in cases of exclusive jurisdiction and otherwise upon objection, making the correct determination of the competent court essential for procedural economy. For this reason, obtaining legal advice in Turkey is crucial; the rules are summarised below.

How Long Does a Partition Case Take in Turkey?

Considering general practice in Turkey, an ordinary partition case may take an average of 3 to 4 years from the first instance court until the finalisation of the appeal process, if any. The duration of a partition action in Turkey varies significantly depending on many factors, so it is not possible to precisely predict the exact duration of a specific partition action in advance.

1. What Factors Affect the Duration of a Partition Case in Turkey?

The complexity of the case, the number of parties involved, the intensity of disputes among the parties, the workload of the court and procedural objections that may arise during the trial are the main elements affecting the case length in Turkey. The period may extend even further where the value of the immovable property is high, there are many co-owners or disputes among heirs are intense.

• Service Difficulties: Co-owners living abroad or at unknown addresses.
• Party Formation: Joining the heirs of co-owners who die during the proceedings.
• Preliminary Issues: Waiting for another lawsuit affecting ownership of the property.
• Fixtures Disputes: Waiting for a lawsuit on the ownership of buildings or trees on the land.
• Sale Stage: Valuation, announcement and auction at the sales office after finalisation.

2. How Do Preliminary Issues Affect a Partition Case in Turkey?

During the ongoing partition action in Turkey, if there are lawsuits regarding the cancellation and registration of the title deed based on the deceased’s collusion or lawsuits for title deed cancellation due to abuse of power of attorney concerning the property, these lawsuits are treated as preliminary (preclusive) issues. Since such lawsuits may have direct legal consequences on the ownership of the property, their outcomes can affect the legal status of the property subject to the partition action in Turkey.

For this reason, the court will first wait for the final decision of the cancellation and registration lawsuits before continuing with the partition action (Code of Civil Procedure Art. 165). This preliminary issue process can significantly delay the conclusion of the partition action in Turkey and, in practice, restrict the parties’ ability to dispose of the property during this period.

3. Are Partition Cases Heard During the Judicial Recess in Turkey?

In Turkey, partition cases are not among the matters heard during the judicial recess under Article 103 of the Turkish Code of Civil Procedure, so as a rule they are not heard during the recess that runs every year from 20 July to 31 August. No hearings are held in this period, but the court may carry out an on-site inspection it has decided to hold during the recess, and may decide to hear the case urgently at a party’s request (Code of Civil Procedure Arts. 102, 103).

During the recess in Turkey, petitions, responses and appeal petitions are still accepted and service continues. In cases subject to the recess, a time limit under the Code that expires during the recess is deemed extended by one week from the end of the recess (Art. 104).

4. Can a Partition Judgment Be Appealed in Turkey?

A final judgment of the Civil Court of Peace in a partition case can be appealed before the Regional Court of Appeal in Turkey, but under Article 362/1-b of the Code of Civil Procedure the Regional Court of Appeal’s decisions in these cases cannot be appealed to the Court of Cassation. The review of a partition lawsuit therefore normally ends at the appellate (istinaf) stage, and the judgment becomes final with the Regional Court of Appeal’s decision.

Since judgments concerning immovables and real rights cannot be enforced until they become final (Art. 350/2), the sale stage can begin only after finalisation. It is important for those considering filing a partition suit in Turkey to consult a specialized real estate lawyer in Turkey to obtain a professional evaluation tailored to their specific situation, gain more realistic insights about the probable course of the lawsuit and make strategic decisions more effectively.

How Much Does a Partition Lawsuit Cost in Turkey and Who Pays?

The partition lawsuit cost in Turkey consists of court fees, the cost advance and attorney fees. In a partition lawsuit in Turkey, an application fee, an advance fee and a cost advance are paid on filing; if a sale is ordered, the judgment fee is calculated proportionally on the sale price, and all litigation costs are shared among the co-owners in proportion to their shares. Under Tariff (1) of the Turkish Fees Law, the judgment fee is 1.138% (11.38‰) of the sale price for judgments ordering the partition of an immovable by sale, and 0.455% (4.55‰) of the value divided for judgments ordering partition in kind. In partition cases concerning movables, the judgment fee is a fixed fee rather than a proportional one.

The sharing of costs is based on the principle that there is no winning or losing party in a partition lawsuit under Turkish law. Since partition terminates the ownership relationship of all co-owners, costs are borne by the co-owners in proportion to their ownership shares regardless of the outcome; this principle ensures equity among the parties and prevents any party from gaining an unfair advantage.

The Turkish Court of Cassation applies this rule consistently. In Court of Cassation, 14th Civil Chamber, Docket No. 2015/12716, Decision No. 2016/5246, dated 02.05.2016, the Chamber held that, since partition cases are two-sided and there is no winning or losing party, litigation costs and attorney fees must be charged to the parties in proportion to their shares; the same decision confirmed that a fixed fee applies to movables and a judgment fee of 1.138% (11.38‰) of the sale price to immovables. Charging all costs to the defendants is therefore wrong.

The main costs from filing to completion of the sale in Turkey are shown below. Cost advance amounts change with the tariffs published every year, so the amounts in force on the filing date apply.

How to End Co-Ownership in Turkey in a Partition Action?

In a partition action in Turkey, the termination of co-ownership can be achieved through three main methods: partition in kind, sale (by private agreement or auction) and conversion to condominium ownership. The applicability of each method depends on factors such as the type of property, the demands of the co-owners and the nature of the asset.

1. Termination of Co-Ownership in Turkey by Partition in Kind

Partition in kind is the preferred method for ending co-ownership in Turkey. In this method the property subject to co-ownership is physically divided and allocated to each co-owner separately; for example, if there are three plots owned by three co-owners, each owner receives one distinct plot. Conditions for applying partition in kind in Turkey include:

• Request: At least one plaintiff or defendant must request partition in kind.
• Suitability: The court must determine, usually through an expert report, whether the property is suitable for physical partition; the property’s title deed type and zoning status and the subdivision rules of zoning legislation are decisive in this assessment.
• No Significant Loss of Value: Partition in kind should not cause a significant loss in the property’s value; if all parties agree, this condition can be relaxed.

If the court concludes the property is suitable for partition in kind, it orders the division of the property. Under Article 699/2 of the Turkish Civil Code, if the portions are of unequal value, the court may order compensatory payments to the lower-value portion to ensure fairness among co-owners.

2. Termination of Co-Ownership in Turkey by Sale (Private Agreement or Auction)

If partition in kind is not feasible or none of the co-owners requests it, the property may be sold to dissolve the co-ownership in Turkey. This method is preferred when dividing the property would significantly reduce its value or is technically impossible (Turkish Civil Code Art. 699/3).

• Private Sale: If all co-owners agree on the method of partition, the property can be sold by private agreement (Art. 699/1).
• Auction Among Co-Owners: A decision that the auction be held only among the co-owners requires the consent of all co-owners.
• Public Auction: If any co-owner withholds consent, the property is auctioned publicly.

Once the court decision approving the sale is finalised, the case file is sent to the sales office. In Turkish practice, the sales office determines the sale value based on expert valuation, and the sale is carried out according to the Enforcement and Bankruptcy Law, and the proceeds are distributed to the co-owners proportionally to their shares after deduction of costs. The price is distributed according to the shares in the land registry for shared ownership and the shares in the certificate of inheritance for joint ownership, and the judgment must state how the sale will be made and how the proceeds will be divided.

3. Termination of Co-Ownership in Turkey by Conversion to Condominium Ownership

Conversion to condominium ownership is especially suitable for buildings with multiple independent units in Turkey. Under Article 10 of Law No. 634, in a partition action concerning a property suitable for condominium ownership, if one of the heirs or co-owners requests it, the judge may order its conversion to condominium ownership and the allocation of independent units to the co-owners, with balancing of shares. For this method to apply:

• Compliant Project: The documents listed in Article 12 of the Condominium Law — the approved architectural project, the building occupancy permit and the management plan — must exist or be completed at the judge’s direction.
• Suitable Building: The building must be completed, constructed with durable materials and suitable for use as independent units.
• Remedying Deficiencies: If there are deficiencies, the court may grant a reasonable period for corrections.
• Allocation: Long-standing common use arrangements among co-owners can be taken into account; otherwise, allocation of independent units is done by lottery.

Conversion to condominium ownership protects the rights of co-owners and establishes a legal and physical ownership structure suitable for the property. The court evaluates which method to apply based on the nature of the property, co-owners’ requests and expert reports during the partition proceedings in Turkey; the goal of the partition action in Turkey is to end co-ownership and establish the ownership rights of the parties separately and fairly.

The conditions and outcomes of the three methods under Turkish law are compared below. The court first examines partition in kind; a sale is ordered only where partition is not possible.

Do Heirs Get Priority in a Partition Sale of Inherited Property in Turkey? The 2026 Change

Under a provision added to Article 114 of the Turkish Enforcement and Bankruptcy Law by Law No. 7589 of 16 July 2026, in force since 31 July 2026, where all owners acquired the property by inheritance and no third party other than the heirs holds ownership rights, the first auction in a sale ordered to dissolve the co-ownership is held only among the heir-owners. This procedure applies only once; if the first auction fails, the second auction is held openly under the general rules.

Known in Turkey as part of the “12th Judicial Package”, the change gives heirs a sale priority and aims to allow inherited property to remain within the family. It does not guarantee that the property will stay with one of the heirs, however, because bids in the heirs-only first auction must reach one hundred percent of the appraised value.

1. What Are the Conditions of the Heirs-Only First Auction in Turkey?

Under Turkish enforcement law, the heirs-only first auction applies only where all of the following conditions are met:

• Acquisition by Inheritance: All owners of the property must have acquired their shares by inheritance.
• No Third-Party Owner: No person other than the heirs may hold ownership rights; if a share has been sold to a non-heir, the procedure does not apply.
• Sale Decision: The court must have ordered partition by sale.
• Full Appraised Value: Bids in the first auction must reach one hundred percent of the appraised value; in the second auction the threshold is fifty percent.

What Is the Sales Stage in Co-Ownership Partition Actions in Turkey?

When the sale method is chosen in a partition action in Turkey, the disputed property is put up for sale through enforcement proceedings, and the proceeds are distributed among the co-owners. When the plaintiff requests partition by sale, the court first examines whether the sale method is applicable; if the plaintiff does not specify a method, the court first evaluates whether partition in kind is possible.

If the property is unsuitable for physical partition or if partition would cause a significant loss in value, the court resorts to the forced sale method. The stages of the sale process in a partition suit in Turkey are as follows.

1. Auction Procedure in Turkey

The forced sale of property in Turkey is conducted through an auction process, which can be a public auction open to everyone or a private auction limited to the co-owners. A public auction is an open sale accessible to everyone, while a private auction is a limited auction only among the co-owners.

To apply the private auction method, all co-owners must unanimously consent and the court must issue a decision approving this method (Turkish Civil Code Art. 699/3). For inherited property, under the 2026 rule explained above, the first auction is held among the heirs by operation of law.

2. Initiation of the Sale Process under Turkish Law

After the finalisation of the court’s partition decision in Turkey, the case file is sent upon request to the sales office responsible for executing the sale. The sale officer is appointed by the court and is usually the head clerk of the court or an enforcement officer; the forced sale of property in Turkey is conducted in accordance with the provisions of the Enforcement and Bankruptcy Law.

Sales based on the partition decision are fully executed under the Turkish Enforcement and Bankruptcy Law. The Civil Court of Peace decisions form the legal basis of the sale process, and the authority and responsibilities of the sale officer are shaped accordingly.

3. Valuation and Objection Process in Turkish Partition Sales

The sale officer prepares for the sale and determines the property’s value according to Articles 128 and subsequent provisions of the Enforcement and Bankruptcy Law. The valuation process in Turkey includes:

• Objections: Objections to the valuation are reviewed by the Civil Court of Peace that ordered the partition.
• Complaints: Complaints regarding the sale officer’s actions or requests for annulment of the auction are also decided by the Civil Court of Peace.
• Finality: Decisions regarding valuation are final and binding.
• Two-Year Rule: A new valuation cannot be requested within two years of the date of the finalised valuation, except in cases such as natural disasters or very significant zoning changes (Art. 128/a).

While the expert appraisal conducted during the lawsuit assists the court’s decision, it is not used for the sale. The valuation for the sale is determined separately by the sales office during the execution phase under Turkish enforcement law.

4. Sale Announcement in Turkey

Under the Turkish Enforcement and Bankruptcy Law, once the valuation is finalised, the sale officer sets the sale conditions and announces the sale; the dates and times of the first and second auctions must be announced at least fifteen days before the auction begins (Arts. 114, 126). Important points regarding the sale announcement in Turkey include:

• Timing: The announcement is published at least fifteen days before the auction starts on the electronic sales portal and the Press Advertising Agency’s portal.
• Content: The announcement must detail the property’s characteristics, the appraised value, the auction dates and times, and the deposit requirements.
• Conditions: The auction conditions must be included in the announcement.
• Notification: The announcement is also formally notified to interested parties registered in the land registry (Art. 127).

5. Auction Start in Turkey: First and Second Bidding

In a forced sale of property in Turkey, auctions conducted following the court’s sale decision are supervised by the enforcement or sale officer and held via the electronic sales portal. The auction begins on the date and time specified in the announcement and proceeds as follows:

• Starting Point: The bidding starts at 50% of the estimated (appraised) value; in the heirs-only first auction, bids must reach 100% of the appraised value.
• Valid Bid: For a bid to be valid, the offered amount must exceed 50% of the appraised value or the total of preferential receivables secured by the property, whichever is higher, plus the sale and distribution expenses.
• Deposit: Bidders must deposit ten percent of the appraised value.
• Award: If these conditions are met, the property is awarded to the highest bidder.

6. Auction Result Report and Payment of the Price under Turkish Law

Under Turkish law, the enforcement officer prepares a report on the auction results on the first business day after the electronic auction ends and publishes it on the sales portal the same day; the highest bidder must pay the sale price in cash within seven days of the report’s publication. The report must include:

• Date and time of the auction
• Identity of the participant who made the highest bid
• Whether the auction is deemed valid
• Reminder that the auction price must be deposited into the enforcement office’s account within seven days
• Reason if the auction could not be held

If the payment is not made on time, the deposit is not refunded. In a Turkish sale to dissolve co-ownership, the deposit is paid to the co-owners in proportion to their shares after deduction of sale expenses, and if the defaulting bidder is a co-owner the entire deposit goes to the other co-owners; in addition, the defaulting bidder is fined five percent of the bid amount.

7. Irrevocability of the Sale Request and Failed Auctions in Turkey

Under Turkish enforcement law, once the bidding process has started, the sale request cannot be withdrawn. The enforcement officer records in a report that the auction could not be held or was cancelled due to:

1. Failure to meet the minimum bid price
2. The highest bidder not paying the auction price
3. Where the sale was requested because of a debt (for example by a co-owner’s creditor), full repayment of the debt before the bidding period ends

8. Second Auction and New Sale Request in Turkey

In partition sales in Turkey, if the first auction is invalidated, a second auction is held on the previously announced date and is subject to the same conditions as the first. If no buyer appears or the sale conditions are not met in the second auction, the co-owner concerned may ask the sales office to set a new sale date. If the valuation is still within its two-year validity, no new valuation is made and the sale is announced again on the same basis.

9. Extension of Time Due to Technical Issues on the Turkish Sales Portal

Under Turkish law, if it is detected from the electronic sales portal records that no bids could be made during the last ten minutes of the auction due to technical reasons, the auction period is extended by one day. In such a case in Turkey, the enforcement officer takes the following actions:

• New Dates: The officer clearly announces the new start and end dates of the auction and immediately publishes this information on the portal.
• Three-Day Rule: The auction is restarted within three days from the date the extension decision is made.
• Existing Bids: The participant who made the highest bid before the extension remains bound by their bid, and new participants may join by providing the required deposit.

10. Transfer of Ownership and Registration in Turkey

If the conditions are met at the end of the auction, the property is awarded to the highest bidder and, under Article 134 of the Enforcement and Bankruptcy Law, the buyer to whom the property is awarded acquires ownership. Important points in this stage in Turkey are:

• Payment: The winning bidder must pay the full auction price within the legal seven-day deadline.
• Land Registry: The auction report and sales documents prepared by the enforcement office are sent to the Land Registry Office for registration.
• Status of the Documents: These documents have the status of an official deed for acquiring ownership, and the registration is performed directly without a separate court decision.

11. Complaints and Annulment of the Auction under Turkish Law

Although the auction process is conducted by the sales office, interested parties who suffer damage may file a complaint within seven days and request annulment of the auction within seven days of the auction date (Enforcement and Bankruptcy Law Arts. 16, 134). The main rules on complaints in Turkey are:

• Deadline and Court: Complaints must be submitted within seven days; in partition sales, complaints against the sale officer’s acts are heard not by the enforcement court but by the Civil Court of Peace that ordered the dissolution of co-ownership (Code of Civil Procedure Art. 322/2).
• Subjects: Complaints may concern procedural errors in valuation, lack of proper sale announcement, irregularities during the auction or violations of auction terms.
• Effect: Complaints do not suspend enforcement proceedings; however, the court may temporarily postpone the sale.
• Examination: Complaints are usually examined based on the file, but hearings may be held if necessary.

Before the auction becomes final, its annulment may be requested before the Turkish courts in certain circumstances, especially due to legal violations during the auction process. The main principles of annulment are as follows:

• Deadline: The annulment request must be made within seven days of the auction date; where an error or collusion in the auction is discovered later, the period runs from discovery but cannot exceed one year from publication of the auction on the portal (Art. 134).
• Who May Apply: Only the person requesting the sale, the debtor, interested parties registered in official records, holders of limited real rights and those who bid at the auction may request annulment; requests by anyone else are dismissed on the file with no appeal.
• Grounds and the Damage Requirement: Improper announcement of the sale, prevention of participation, fraud or collusion may be raised, but the applicant must prove that the irregularity harmed their own interests (Art. 134). A low price is not in itself a ground for annulment where the price covers 50% of the appraised value and the costs, and where the property was sold above its appraised value there is no damage and no legal interest in seeking annulment.
• Court and Registration: Annulment is sought before the Civil Court of Peace that ordered the partition; the land registry is instructed to register the buyer only after the complaint period has passed or the decision on the complaint has become final. If the request is rejected on the merits, the applicant may be fined up to ten percent of the auction price.
• Result: If the court finds the request justified, the sale is declared invalid and a new sale process is initiated.

This rule on competence has been confirmed by the Turkish Court of Cassation’s General Assembly. In its decision Court of Cassation, General Assembly of Civil Chambers, Docket No. 2023/958, Decision No. 2024/226, dated 08.05.2024, the Assembly held that complaints against the acts of the sale officer in a partition sale are examined by the civil court of peace that ordered the partition and concluded that the civil court of peace that ordered the partition is competent for requests to annul the auction. Filing an annulment request with the enforcement court may therefore lead to its dismissal for lack of competence and to the deadline being missed.

How Is the Money Divided After a Partition Sale in Turkey?

After a partition sale in Turkey, the sale price is paid to the co-owners, after deduction of sale and distribution costs, in proportion to their shares in the land registry for shared ownership and their shares in the certificate of inheritance for joint ownership. If there are fixtures belonging to one co-owner, the part of the price corresponding to the fixtures goes only to that co-owner.

The sale announcement invites mortgagees and other interested parties to declare their rights over the property within fifteen days; rights not evidenced by the land registry and not declared in time are excluded from the distribution of the proceeds (Turkish Enforcement and Bankruptcy Law Art. 126). If the property is awarded to a co-owner, the amount corresponding to that co-owner’s own share is also paid to them in the distribution.

Who Can Bid at a Partition Auction in Turkey?

Anyone who pays the required deposit, including the co-owners themselves, can bid at a public partition auction in Turkey. There is no bar on a co-owner bidding; however, only heir-owners may bid in the heirs-only first auction, and only co-owners may bid where an auction among co-owners has been ordered. Before bidding, the encumbrances in the title deed, the zoning status and the actual use of the property should be checked, since the precautions for buying property in Turkey apply equally to acquisition at auction.

Where the property can be sold in shares at a Turkish partition auction, joint buyers wishing to acquire it together in defined shares must apply to the sales office by the end of working hours on the business day before the auction closes. If the property is awarded to a co-owner, the VAT base is reduced by that co-owner’s existing share, and the part of the sale price corresponding to that share is paid back to them in the distribution.

How Are VAT and Title Deed Fees Calculated in a Partition Sale in Turkey?

In a partition sale in Turkey, the title deed fee is charged under Tariff (4) of the Fees Law at 2% (20‰) of the sale price separately for the transferor and the transferee. Because the fee is calculated on the auction price, the practice of declaring a lower sale price at the title deed office seen in private sales cannot arise in a forced sale.

Under Article 1/3-d of the Turkish VAT Law No. 3065, partition sales are sales made at auction venues and are therefore subject to VAT regardless of whether the selling co-owners are merchants, with VAT calculated on the final sale price (VAT Law Art. 23/d). If the buyer is a third party who is not a shareholder, the entire sale price is considered a delivery for VAT purposes and VAT is calculated on the full sale price.

If the buyer is one of the shareholders, no transfer of ownership takes place for that buyer’s own share, so the share is deducted from the base and VAT applies only to the price corresponding to the shares of the other co-owners. Since the applicable rate depends on the type of property, the VAT clause in the auction conditions should be checked before bidding. It is important to seek support from a tax law attorney in Turkey to ensure the VAT calculation is done correctly.

Partition lawsuits are an important judicial tool for ending shared ownership in Turkey. Forced sale of property in Turkey, especially in partition actions, is a complex legal and administrative process requiring meticulous care, particularly in stages like public auction, valuation, bidding and transfer of ownership; the provisions of the Enforcement and Bankruptcy Law aim to balance the interests of the parties and protect public order.

What Can a Co-Owner Who Does Not Want to Sell Do in a Partition Lawsuit in Turkey?

Since every co-owner in Turkey has the right to demand partition, a co-owner who does not want to sell generally cannot prevent a partition suit or the dissolution of the co-ownership; however, they can request partition in kind or condominium ownership instead of a sale and raise legal obstacles that require the co-ownership to continue. The defendant co-owner’s defences therefore directly affect how the co-ownership is ended and how the sale price is distributed.

• Request for Partition in Kind: The defendant may request partition in kind; the court must examine whether it is possible.
• Request for Condominium Ownership: If the building is suitable, independent units may be allocated at a co-owner’s request (Law No. 634 Art. 10).
• Agreement Not to Partition and Inappropriate Time: An agreement not to partition made in official form for up to ten years, permanent dedication or an inappropriate-time objection may be raised (Turkish Civil Code Art. 698).
• Fixtures Claim: A co-owner claiming that buildings or trees on the land belong to them may seek a determination of ownership of the fixtures, which affects the distribution of the sale price.
• Bidding at the Auction: The co-owner may bid and buy the property; for inherited property, the first auction is held only among the heirs.
• Settlement: During mediation or the lawsuit, an agreement may be reached to buy the other co-owners’ shares.

Since pre-emption rights (rights of first refusal) cannot be exercised in forced auction sales (Turkish Civil Code Art. 733/1), a co-owner cannot recover the property from the buyer after the auction by filing a pre-emption lawsuit. It is therefore important for a co-owner who does not want a sale to raise their defences at the beginning of the case.

Can a Jointly Owned Property Be Sold by One Owner in Turkey?

Under shared ownership (tenancy in common) in Turkey, each co-owner may sell their own share without the consent of the others, but cannot sell the whole property (Turkish Civil Code Art. 688). If a share is sold to a third party, the other co-owners may exercise their pre-emption right by suing the buyer within three months of being notified of the sale through a notary and in any case within one year of the sale (Arts. 732–734).

Under joint ownership in Turkey, by contrast, heirs have no defined shares, so a single heir cannot dispose of the property alone. For a co-owner who wants to sell but cannot find a buyer for the share or reach agreement with the others, a partition action is the route to having the whole property sold and the proceeds divided.

Important Considerations in a Partition Action in Turkey

Partition actions in Turkey have a unique procedural nature, with special rules on finality of the judgment, choice of method, valuation, sharing of costs and transfer of shares during the lawsuit. These points are explained below in turn.

1. No Sale Before Final Judgment: The sale stage cannot begin and the judgment cannot be enforced until the dissolution judgment is final (Code of Civil Procedure Art. 350/2). This ensures that no legal uncertainty or disputes arise among co-owners before the termination of the co-ownership in Turkey; however, each co-owner’s power to dispose of their own share continues during the lawsuit.
2. Court’s Authority – Physical Division or Sale: The court may decide to end the co-ownership either by physically dividing the property (partition in kind) or by ordering its sale. The court must first investigate whether physical division is feasible, especially if one party requests it.
3. Appraisal for Sale Value: While the expert appraisal conducted during the lawsuit assists the court’s decision, the valuation for the sale is determined separately by the sales office during the execution phase.
4. No Winning or Losing Party: The goal of the lawsuit is to terminate the co-ownership relationship over the property. Thus, there is no “winner” or “loser”; all parties cease to be co-owners once the case concludes.
5. Reciprocal Nature of the Lawsuit and Withdrawal: The lawsuit is reciprocal—plaintiffs are defendants and vice versa. Even if the plaintiff withdraws, the court continues to examine the case if other parties wish to proceed, and withdrawal by one party does not automatically result in dismissal. In Court of Cassation, 14th Civil Chamber, Docket No. 2014/14992, Decision No. 2015/11638, dated 15.12.2015, the Chamber held that, despite the plaintiff’s withdrawal, each defendant may continue the case, and reversed a judgment given while a defendant who refused the withdrawal was pursuing the lawsuit.
6. Sharing Litigation Costs: Since there is no winner or loser, the litigation costs and attorney fees are divided among the parties proportionally to their ownership shares.
7. Ottoman Title Deeds: If the property is registered under an Ottoman title deed, it must first be converted to the current land registry system and registered in the names of the rightful heirs before the lawsuit proceeds.
8. Usufruct Rights on Shares: A co-owner may establish a usufruct right on their share, granting the right to use and benefit from the property. Under Article 700 of the Turkish Civil Code, if another co-owner requests partition within three months of being notified of the usufruct, the usufruct continues over the portion of the sale price corresponding to that share in a partition by sale.
9. Sale of Shares During the Lawsuit: According to the Court of Cassation (Yargıtay), co-owners can sell their shares to third parties during the lawsuit, as no legal restriction exists on share transfer during litigation. However, party formation follows the latest land registry record: if a share is transferred during the lawsuit, the acquirer is joined to the case and the claim against the person who ceased to be a co-owner is dismissed (Code of Civil Procedure Art. 125). Since no judgment on the merits can be given before the new co-owner is joined, a share transfer can lengthen the lawsuit.

What Happens to Tenants During and After a Partition Lawsuit in Turkey?

A partition lawsuit in Turkey does not terminate an existing lease; the tenant continues to occupy the property under the lease during the lawsuit, and the lease survives a sale: the new owner is bound by the existing lease contract. If the property is sold while rented, Turkish tenant protection laws apply.

The tenant’s rights under the lease, including those relating to an evacuation letter, rent increases and objections to excessive rent hikes, remain protected under Turkish tenancy law. Between the auction and its finalisation, at the buyer’s request the enforcement office orders the tenant to pay the rent to the enforcement office (Enforcement and Bankruptcy Law Art. 134/1).

• Eviction for Need: If the new owner needs to occupy the property personally or for a spouse, descendants, ascendants or dependants, they may file a tenant eviction lawsuit in Turkey before the Civil Court of Peace based on necessity under Turkish Code of Obligations Article 351, provided they notify the tenant in writing within one month of acquisition; the lawsuit terminating the lease is filed six months later. Alternatively, the new owner may file the lawsuit within one month after the end of the lease term.
• Rent Determination: The new owner may also seek a rent determination lawsuit in Turkey according to legal provisions.
• Mediation: Rental disputes in Turkey arising between the new owner and the tenant after the sale are also subject to mandatory mediation before a lawsuit (Law No. 6325 Art. 18/B-1-a).

What Are Fixtures (Muhdesat) in Co-Ownership Disputes in Turkey?

In Turkish property law, fixtures or improvements (muhdesat) are buildings, trees and similar structures or plantings subsequently added to an immovable; under Article 684 of the Turkish Civil Code they are considered integral parts of the real estate and are included within the scope of ownership rights. However, disputes often arise between co-owners as to who built the fixtures and to whom they belong, leading to legal conflicts that require judicial resolution.

1. What Is the Scope and Purpose of a Lawsuit to Determine Ownership of Fixtures in Turkey?

Under Turkish case law, the primary goal of a lawsuit to determine ownership of fixtures is to establish which co-owner the fixtures on the property belong to. This legal action determines who actually created and owns the structures and plantings attached to the property; clarifying the status of fixtures is essential for all subsequent legal processes, including co-ownership termination.

2. Is a Fixtures Dispute a Preliminary Issue in a Partition Case in Turkey?

Disputes about ownership of fixtures frequently surface during partition actions in Turkey and act as a preliminary (preclusive) issue. The court cannot render judgment in the partition action until the question of who owns the fixtures is conclusively resolved.

Failure to reach an agreement on who owns the fixtures therefore prolongs the litigation and creates uncertainty over the parties’ property rights before the Turkish courts. Unresolved fixture disputes can lead to unnecessary delays, cause loss or infringement of rights and impede a fair conclusion of the dissolution process.

3. How Are Fixtures Valued and the Sale Price Calculated in Turkey?

In Turkey, when fixtures belong to one or more co-owners and are annotated as such in the land registry, or when no dispute exists between the parties, separate valuations of the property and the fixtures as of the date of the lawsuit are conducted. Based on these valuations, the ratio of the fixtures to the total property value is determined and used to calculate the share of the sale price payable to the owner of the fixtures, ensuring equitable distribution of the proceeds.

If the co-owners in Turkey do not agree on who owns the fixtures, the court hearing the partition case grants the co-owner claiming them time to file a lawsuit to determine their ownership. In Court of Cassation, 8th Civil Chamber, Docket No. 2015/22239, Decision No. 2017/7697, dated 24.05.2017, the Chamber held that, while a partition action is pending and not yet final, the co-owner claiming to have created the fixtures always has a legal interest in such a determination lawsuit, and that the sale price in a Turkish partition sale must be apportioned so that the bare land value goes to all co-owners by their shares and the value of the fixtures goes only to the co-owner(s) who created them.

In summary, lawsuits to determine ownership of fixtures hold critical importance in partition actions and represent a decisive preliminary matter. Cooperation and consensus between the parties can accelerate proceedings and prevent losses of rights, and the swift resolution of fixture disputes enhances the efficiency of partition actions in Turkey.