How to File a Partition Action in Turkey — Dividing Co-Owned Property by Sale

A partition action is a remedy used to end co-ownership when more than one person holds a co-ownership interest in a property and the co-owners no longer wish to remain co-owners together.

How Co-Ownership Arises

Co-ownership can arise in various ways — several people purchasing a property together, joint inheritance ownership converting into co-ownership, or a joint investment made under a business partnership. Each co-owner's share is shown separately in the land registry, and each has an independent right to dispose of their own share.

The Right to File and Its Requirements

Under Articles 698 and 699 of Turkish Civil Code No. 4721, any co-owner may seek to end the co-ownership without needing the other co-owners' consent; however, if the co-owners have agreed to maintain the co-ownership for a specified period, the action cannot be filed during that period.

Division In Kind and Division by Sale

The court first examines whether the property can be physically divided among the co-owners; if it is suitable for division given its zoning status and size, division in kind is applied. If division in kind is not possible, or a majority of the co-owners request sale, the property is sold at public auction and the proceeds are distributed according to each share.

Competent Court

The action is filed with the civil court of first instance (sulh hukuk mahkemesi) where the property is located. Before filing, the land registry record and, where applicable, the property's zoning status document must first be obtained.

Matters Considered During the Proceedings

During the proceedings, the court examines whether third-party rights exist over the property (such as a lease or mortgage); an expert examination plays a decisive role both in determining whether in-kind division is actually feasible and, if sale is ordered, in establishing the property's current value.

Practical Recommendations

Before filing suit, consider the possibility of dividing the property by agreement with the other co-owners, as this route is both faster and less costly. If agreement cannot be reached, gather the land registry record, zoning status, and documents on the property's current value in preparation for the proceedings.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.