When multiple people jointly own real property — most commonly through inheritance — and cannot agree on how to deal with it, the law provides a mechanism to end the co-ownership through the courts. The partition action (izale-i şuyu davası, or ortaklığın giderilmesi) can be initiated by any single co-owner without the agreement of the others.
Joint Ownership After Inheritance
Inherited property passes to heirs in joint ownership (elbirliği mülkiyeti): no heir holds a defined individual share, and no heir can sell or transfer their interest independently. This arrangement ends only when the heirs formally divide the estate by agreement or through a court order.
In contrast, co-ownership with defined shares (paylı mülkiyet) records each owner’s fraction in the land registry and arises in other contexts such as purchase by multiple buyers.
Both types can be dissolved through a partition action.
Who Can Bring the Action?
Any co-owner can file — no consent from others is required. For estates held in joint ownership, all heirs must be named as parties. If some heirs are unreachable or overseas, a court-appointed guardian (kayyım) will represent them.
The civil court of first instance (sulh hukuk mahkemesi) at the location of the property has jurisdiction.
How the Court Decides
Step 1 — Can the property be physically divided?
The court first examines whether the property can be split into separate, usable portions proportionate to each owner’s share. Urban apartments, small plots, and single-unit buildings are typically found to be indivisible.
Step 2 — Division in kind or public auction
- If divisible: the court allocates a specific portion to each co-owner
- If indivisible (the usual outcome): the court orders a public auction. The proceeds are distributed according to each owner’s share. Co-owners may bid at the auction themselves
Right of Pre-emption
In co-ownership with defined shares, if one owner wishes to sell their share to a third party, the other co-owners have a right of first refusal (şufa hakkı). They can purchase the share on the same terms as the third-party offer. This right must be exercised within the statutory time limit after learning of the sale.
Practical Considerations
- A co-owner who has been using the property exclusively may owe the others compensation for use (ecrimisil). This claim can be raised within the partition proceedings or separately
- Where the property carries a mortgage, the auction proceeds first satisfy the mortgagee; only the remainder is distributed among co-owners
- Court-ordered auctions tend to produce lower sale prices than private transactions; negotiated resolution is usually preferable where possible
Frequently Asked Questions
Do all co-owners need to agree to file the action? No. Any single co-owner can bring the action against all others. For jointly owned inherited property, all heirs must be named as defendants, but their agreement is not required.
What happens if the property cannot be divided? The court orders a public auction. The sale proceeds are distributed in proportion to each co-owner’s share. All co-owners, including the one who filed, may bid.
One co-owner has been living in the property alone for years. Can the others recover anything? Yes. The co-owner who exclusively occupies shared property may be liable to pay compensation for use (ecrimisil) to the others. This claim can be made within the partition action or through a separate proceeding.
How long does the action take? It varies based on court workload, the number of co-owners, and any complications such as encumbrances. Simple cases may conclude in a few months; contested or complex ones can take significantly longer.