Partition Actions (Ortaklığın Giderilmesi) in Türkiye: Mandatory Mediation, Division in Kind and Sale

A house that heirs cannot share, a field owned by siblings, a plot bought together... When co-owners of a property held in shares or in joint ownership cannot agree, the remedy is a partition action, known in practice as "izale-i şuyu".

Who can request it, and when?

In co-ownership by shares, each co-owner may request division of the property unless there is an obligation to maintain co-ownership by legal transaction or the property is dedicated to a specific purpose. Where heirs hold an estate in joint ownership, each heir may also request division of the estate, subject to statutory exceptions.

Mediation first: the 2023 amendment

Under Article 18/B, added to the Mediation in Civil Disputes Law No. 6325 by Law No. 7445, applying to a mediator before filing suit is a precondition for disputes concerning the division of movable and immovable property and termination of co-ownership. A case filed without mediation is dismissed on procedural grounds.

If agreement is reached in mediation, an annotation of enforceability must be obtained for the agreement concerning immovable property from the civil court of peace where the property is located. The court reviews whether the agreement is suitable for mediation and enforcement and complies with statutory restrictions on the property. Following a 2024 amendment by Law No. 7531, where the agreement concerns transfer of the property or creation of a limited real right, either party may request registration from the land registry after the annotation, and registration is made without an official deed.

The action and the competent court

If no agreement is reached, the action is filed at the civil court of peace where the property is located. All co-owners must be parties; if a co-owner has died, their heirs join the case.

How is co-ownership ended?

• Division in kind: if the property can be divided according to the shares without significantly reducing its value, it is first divided physically. Statutory restrictions on dividing agricultural land and properties subject to zoning legislation are taken into account.
• Termination by sale: if division in kind is impossible or the co-owners cannot agree on it, the property is sold at public auction and the proceeds distributed according to the shares. If all co-owners agree, the sale may be limited to the co-owners.

Things to know

• In a sale, the property may sell below market value; solutions such as one co-owner buying out the others during mediation are therefore often more advantageous.
• Tenants, mortgages or annotations on the property may affect the process.
• For inherited property, a certificate of inheritance should be obtained first and the status of transfer registrations at the land registry checked.

This article is for general information purposes only and does not constitute legal advice.