Last updated: 19 July 2026
What Is an Action for Dissolution of Co-Ownership?
An action for dissolution of co-ownership, traditionally called izale-i şuyu, allows a co-owner to end shared or joint ownership of movable or immovable property. Unless the right to request division has been lawfully restricted or the property has been allocated to a continuing purpose, a co-owner may ask for partition.
People seeking an Antalya lawyer or a Serik lawyer should understand that the action does not simply force another owner to transfer a share to the claimant. The court first considers whether physical partition is legally and technically possible. If it is not, sale of the property and distribution of the net proceeds may be ordered.
Is Mediation Required Before the Action?
Yes. Disputes concerning division of movable and immovable property and dissolution of co-ownership are subject to mandatory pre-litigation mediation. The application is made to the mediation bureau connected with the court that would have territorial jurisdiction over the dispute.
The parties may agree that one owner will buy the others’ shares, that the property will be divided, sold privately or transferred under another lawful structure. Where a settlement concerns transfer or registration of immovable property, special form, legal restrictions and an enforceability annotation from the civil court of peace must be considered.
The application method is explained in how to apply for mediation.
Which Court Is Competent?
The civil court of peace has subject-matter jurisdiction over dissolution of co-ownership. For immovable property, the court where the property is located has exclusive territorial jurisdiction. If several properties are located in different judicial districts, jurisdiction and whether the requests can be joined should be assessed separately.
Every co-owner must be included as a party. If a registered owner has died, the heirs must be identified through a certificate of inheritance and properly joined, even if the inheritance transfer has not yet been registered.
Documents Commonly Required
| Document | Purpose | Key point |
|---|---|---|
| Final mediation report | Shows completion of the condition of action | The proper final report must accompany the claim. |
| Current title record | Identifies owners, shares and encumbrances | Historical and pending registry entries may also be relevant. |
| Certificate of inheritance | Identifies heirs of a deceased co-owner | All heirs must be included where required. |
| Cadastral and zoning records | Shows whether physical subdivision is legally possible | Municipal and cadastral approval may be needed. |
| Building and use records | Explains structures, rent, income and actual possession | Permits, leases and photographs may be used. |
| Party identity and address details | Allows service on all co-owners | Unknown or foreign addresses may extend the procedure. |
When Is Physical Partition Possible?
The court may order partition in kind if the property can be divided into lawful, economically usable parts corresponding to the owners’ shares. Zoning, agricultural-land, cadastral, access and minimum-area rules must be satisfied. Where the resulting parts differ in value, monetary equalisation may be ordered.
The existence of several buildings or long-standing physical use does not automatically make formal partition possible. The proposed division must be capable of registration and should not cause a serious loss of value or create unusable parcels.
How Does Sale-Based Dissolution Work?
If physical partition is impossible, the court may order sale of the property and distribution of the net proceeds according to the registered shares. The sale is generally conducted through the sales office using the electronic-auction system. If every co-owner agrees, the court may allow the auction to be limited to the co-owners.
Taxes, fees, sale expenses and the effect of mortgages or attachments are considered before distribution. Personal expenditure on a building and the registered ownership share are not the same issue.
What Is a Claim Concerning Improvements?
A co-owner may assert that a building, trees, installations or another improvement on the land was created personally. If the other owners dispute this, a separate action to determine ownership of the improvement may be required. The result may affect how the sale proceeds are distributed.
Receipts, building permits, contractor records, utility connections, photographs and witness evidence may be relevant. An improvement claim does not itself create a separate registered parcel.
Can the Right to Request Partition Be Restricted?
The co-owners may agree to postpone partition for a period not exceeding ten years under the Turkish Civil Code. For immovable property, formal requirements apply and the agreement may be annotated in the land registry. Partition may also be denied temporarily where the request is made at a clearly inappropriate time.
A temporary economic difficulty does not justify keeping the co-ownership indefinitely. The restriction and its duration must have a lawful basis.
How Long Does the Process Take?
The duration depends on the number and location of owners, service abroad, inheritance records, expert and inspection work, zoning correspondence, improvement disputes and the later sale stage. A judgment ordering sale is not the final practical step; it must become enforceable and the auction procedure must be completed.
What If the Auction Value Is Considered Too Low?
The valuation, sale announcement and electronic-auction terms should be monitored. A valuation complaint may be filed within the statutory period where the report is inaccurate. Co-owners may participate in the auction if they satisfy the bidding and security conditions.
Frequently Asked Questions
Can one co-owner file the action alone?
Yes. One co-owner may file, but all other co-owners must be included as parties.
Is mandatory mediation required?
Yes. A mediation application must generally be completed before filing the dissolution action.
Will the court always sell the property?
No. The court first examines whether lawful and practical physical partition is possible.
Can the auction be limited to the co-owners?
It may be possible if all co-owners agree.
Does living in the property give a co-owner priority to buy it?
No automatic priority arises from possession alone. Use, improvements and compensation may be assessed separately.
Can an inherited property be included before land-registry inheritance transfer?
Yes, if the heirs and their shares are identified and all necessary parties are joined.
Can a share be sold while the action is pending?
It may be possible, but the buyer’s party status, pre-emption rights and any interim restrictions must be reviewed.
Choosing Between Physical Partition and Sale
A dissolution action should be planned around mediation, complete party joinder and the technical possibility of division. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can review title, inheritance and zoning records for the individual property. For assistance, contact us.
This article provides general information about dissolution of co-ownership under Turkish law. The correct result depends on the property, registered owners, zoning and special land rules.
