Partition action (izale-i şuyu) in Turkey: how is co-owned and jointly owned real estate divided?
When the several owners of a property cannot agree on how to divide it, each co-owner may request that the co-ownership be ended by court order, either by dividing the property in kind or by selling it. This guide summarizes, with reference to the statutory provisions, the route followed from mediation to the distribution of the sale proceeds.
Last updated: · Prepared by: Av. Barış Kaymaz
Which question, which guide?
| Your question | Related guide | One-line answer |
|---|---|---|
| How large is each heir's share? | Inheritance Share Calculator | The surviving spouse takes one quarter of the estate when inheriting together with descendants, and one half when inheriting together with the parental line (TMK Article 499). |
| Is it compulsory to apply to a mediator before filing suit? | Guide to mediation in partition cases | Yes; the mediator concludes the application within 3 weeks, and this period may be extended by at most 1 week (Article 18/A(9) of Law No. 6325). |
| What happens if a co-owner sells their share to someone else? | Guide to the right of pre-emption in co-ownership in shares | The other co-owners exercise the right of pre-emption within 3 months of notification of the sale and, in any event, within 1 year of the sale (TMK Article 733). |
| How is the property examined before bidding at the auction? | Legal Check-up Before Buying Real Estate | The land registry record, annotations, encumbrances and zoning status are checked before purchase. |
| Which page covers other inheritance matters? | Inheritance Law | Certificates of inheritance, division of the estate and inheritance-related lawsuits. |
| What work does the firm handle in this area? | Real Estate Law | Partition actions, actions for cancellation of title and registration (tapu iptal ve tescil), and lease and condominium ownership (kat mülkiyeti) disputes. |
What is a partition action, and who can file one?
A partition action (ortaklığın giderilmesi / izale-i şuyu davası) is a lawsuit brought by one of the several owners of an asset to end their common ownership; under Article 698 of the Turkish Civil Code (TMK), each co-owner may request that the asset be partitioned. If the co-owners cannot agree on the method of partition, the judge orders either the division of the asset in kind or its sale and the division of the proceeds (TMK Article 699).
The right to request partition is not unlimited: partition cannot be requested where there is an obligation to continue the co-ownership in shares (paylı mülkiyet) by virtue of a legal transaction or because the asset is dedicated to a permanent purpose, nor can it be requested at an inappropriate time (TMK Articles 698(1) and 698(3)). The right to request partition may be restricted by a legal transaction for at most 10 years; for real estate, such an agreement is subject to official form and may be annotated in the land register (TMK Article 698(2)).
All co-owners are parties to the action; the co-owners other than the claimant are the defendants, and the heirs of a deceased owner take that owner's place.
What is the difference between co-ownership in shares and joint ownership?
In co-ownership in shares, each co-owner holds a defined share; the share may be transferred, pledged and attached by creditors, and unless otherwise determined, the shares are deemed equal (TMK Article 688). In joint ownership (elbirliği mülkiyeti), by contrast, there are no defined shares, each owner's right extends to the asset as a whole and, unless otherwise provided, unanimity is required for acts of management and disposal (TMK Articles 701 and 702). Unless otherwise provided, partition under joint ownership is carried out according to the rules on co-ownership in shares (TMK Article 703(2)).
What is needed first for a lawsuit between heirs?
Where there are several heirs, the estate is held by the heirs in joint ownership until partition (TMK Article 640). Heir status is shown by a certificate of inheritance (mirasçılık belgesi) obtained from the civil court of peace or from a notary (TMK Article 598). Each heir may ask the civil court of peace to have specific assets of the estate divided in kind or, where that is not possible, by sale (TMK Article 642(2)). In practice, if the registration of the heirs' title (intikal) has not been made at the land registry, the court grants the claimant time and authority to carry out this step.
For the heirs' shares, the inheritance share calculator gives a preliminary indication; the exact shares are stated in the certificate of inheritance.
| Topic | Co-ownership in shares | Joint ownership |
|---|---|---|
| Share | Each co-owner holds a defined share; unless otherwise determined, the shares are equal (TMK Article 688) | There are no defined shares; each owner's right extends to the asset as a whole (TMK Article 701) |
| Transfer of the share | The share may be transferred, pledged and attached (TMK Article 688(3)) | While a community established by contract continues, the share cannot be disposed of (TMK Article 702(3)) |
| Management and disposal | A co-owner has the rights and obligations of an owner with respect to their own share (TMK Article 688(3)) | Unanimity is required unless otherwise provided (TMK Article 702(2)) |
| Typical example | Several owners whose shares are recorded in the land register | Heirs to an undivided estate (TMK Article 640) |
| Partition | Any co-owner may request it (TMK Article 698) | Carried out according to the rules on co-ownership in shares (TMK Article 703(2)) |
Is mediation compulsory before filing suit?
Yes; under Article 18/B of Law No. 6325 on Mediation in Civil Disputes, in disputes concerning the division of movable and immovable property and the termination of co-ownership, having applied to a mediator before filing suit is a precondition to the action. This rule was added by Law No. 7445.
The mediator concludes the application within 3 weeks from the date of appointment; in cases of necessity, this period may be extended by at most 1 week (Article 18/A(9)). If no agreement is reached, the original of the final minutes, or a copy approved by the mediator, is attached to the statement of claim; a lawsuit filed without any application to a mediator is dismissed on procedural grounds for lack of a precondition to the action (Article 18/A(2)).
The application is made to the mediation office at the place of the court with jurisdiction over the subject of the dispute (Article 18/A(4)); in a partition case, that place is where the property is located. A party who fails to attend the first meeting without a valid excuse is held liable for half of the litigation costs, even if that party prevails in the lawsuit (Article 18/A(11)).
If agreement is reached in mediation, how is the land registry updated?
An agreement document concerning real estate is drawn up with regard to the statutory restrictions, procedures and principles, and the annotation of enforceability (icra edilebilirlik şerhi) is obtained from the civil court of peace of the place where the property is located (Articles 18/B(2) and 18/B(3)). In an agreement on the transfer of real estate, either party may, after the annotation, request registration from the land registry office; after carrying out the necessary examination, the land registry office completes the registration without drawing up an official deed (Article 18/B(5)).
Partition in kind or sale? How does the court decide?
Under TMK Article 699, partition takes place by dividing the asset in kind, or by selling it by private agreement or by auction and dividing the proceeds; if the co-owners cannot agree, the judge first orders partition in kind. If the values of the divided parts are not equal, they are equalized by adding money to the part of lower value.
If the request for division is not considered appropriate to the circumstances, in particular if the asset cannot be divided without a significant loss of value, a sale by public auction is ordered. An order that the sale be held by auction only among the co-owners depends on the consent of all co-owners (TMK Article 699(3)).
Divisibility is determined through an on-site inspection (keşif) and examination by a court-appointed assessor (bilirkişi); the conditions for subdivision (ifraz) and the division limits for agricultural land are decisive.
Can agricultural land be divided?
Under Article 8 of the Soil Conservation and Land Use Law No. 5403, land that has reached the minimum agricultural land size determined by the Ministry acquires the status of indivisible property and cannot be subdivided below these sizes. The minimum size may not be set below 2 hectares for absolute, marginal and special crop land, 0.5 hectares for planted agricultural land, and 0.3 hectares for land used for greenhouse (covered) cultivation.
| Criterion | Partition in kind (aynen taksim) | Partition by sale |
|---|---|---|
| Statutory order | If the co-owners cannot agree, this route is considered first (TMK Article 699(2)) | If division is not appropriate to the circumstances (TMK Article 699(3)) |
| Condition | The asset must be capable of division without a significant loss of value | Division would cause a significant loss of value or is not appropriate to the circumstances |
| Difference in value | Equalized by adding money to the part of lower value | The sale proceeds are divided in proportion to the shares |
| Main obstacle | Subdivision conditions; minimum size for agricultural land (Article 8 of Law No. 5403) | No sale can take place before the judgment concerning the real estate becomes final (HMK Article 350(2)) |
| Sale among co-owners | Not applicable | Only with the consent of all co-owners (TMK Article 699(3)) |
How is the sale carried out, and can co-owners bid at the auction?
Because a sale order is a judgment concerning real estate, it cannot be enforced before it becomes final (HMK Articles 350(2) and 367(2)). In practice, once the judgment becomes final, the sale is carried out by public auction by the sales office of the court (satış memurluğu) in accordance with the provisions on the sale of real estate in the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu).
Co-owners may take part in the public auction by submitting bids just like third parties; holding the sale only among the co-owners, however, requires the consent of all co-owners (TMK Article 699(3)).
Before taking part in the auction, the property's land registry record, annotations and zoning status are examined; the legal check-up guide for buying real estate provides a starting checklist for this examination.
Can a co-owner sell their share outside the lawsuit?
In co-ownership in shares, a share may be transferred (TMK Article 688(3)). If a co-owner sells their share in real estate to a third party, the other co-owners may exercise the right of pre-emption (önalım hakkı) (TMK Article 732); the right is exercised by filing a lawsuit against the buyer and lapses after 3 months from notification of the sale and, in any event, after 1 year from the sale (TMK Articles 733(4) and 734(1)). The right of pre-emption cannot be exercised in sales by forced auction (TMK Article 733(1)).
Law No. 7571 reduced the 2-year upper limit for pre-emption to 1 year and changed the amount to be deposited in a pre-emption lawsuit to the market value to be determined by the judge (TMK Article 734(2)). This paragraph was annulled by the decision of the Constitutional Court (Anayasa Mahkemesi) dated 16 July 2026, numbered E.2026/23, K.2026/162; the annulment will enter into force on 6 August 2027.
How long does the lawsuit take, and who pays the costs?
The law sets no fixed duration for a partition action; this action, which falls within the jurisdiction of the civil court of peace, is subject to the simple trial procedure (basit yargılama usulü) (HMK Article 316(1)(a)). The factors that most affect the duration are service of notice on all co-owners, identification of the heirs, the on-site inspection and assessor examination, and the appeal stages; the mediation stage lasts at most 4 weeks from the appointment (Article 18/A(9) of Law No. 6325).
When filing suit, the claimant pays the court fees and the advance on costs (HMK Article 120). As a rule, litigation costs are charged to the party against whom judgment is given (HMK Article 326(1)); because each co-owner may request partition in a partition action, in practice the costs are borne by the co-owners in proportion to their shares.
A judgment that is not final may be appealed (istinaf) within 2 weeks of service (HMK Article 345); a sale cannot take place unless the judgment concerning the real estate has become final (HMK Article 350(2)).
| Stage | What is done? | Legal basis |
|---|---|---|
| 1. Preparation | The land registry record, the certificate of inheritance and the co-owners' addresses are gathered | TMK Article 598 |
| 2. Mediation | Application to the mediation office where the property is located; 3 weeks, extendable by at most 1 week in cases of necessity | Law No. 6325, Articles 18/A and 18/B |
| 3. Lawsuit | The lawsuit is filed at the civil court of peace with the final minutes attached; all co-owners are parties | HMK Articles 4(1)(b) and 12(1) |
| 4. On-site inspection and assessor | Divisibility and value are determined | TMK Article 699 |
| 5. Judgment and appeal | Judgment ordering partition in kind or sale; appeal (istinaf) within 2 weeks of service | HMK Article 345 |
| 6. Finality and sale | Once the judgment becomes final, the sale is held by public auction | HMK Articles 350(2) and 367(2) |
| 7. Distribution | The proceeds, less costs, are paid out in proportion to the shares | TMK Article 699(1) |
| Item | Who bears it? | Legal basis |
|---|---|---|
| Mediation fee (no agreement, first 2 hours) | Paid from the Ministry of Justice budget and counted as litigation costs | Law No. 6325, Article 18/A(13) |
| Mediation fee (agreement reached) | Borne equally by the parties unless otherwise agreed | Law No. 6325, Article 18/A(12) |
| Court fees and advance on costs (service of notice, on-site inspection, assessor) | Paid by the claimant when filing suit | HMK Article 120 |
| Allocation of litigation costs | As a rule, the party against whom judgment is given; in practice, the co-owners in proportion to their shares | HMK Article 326 |
| Failure to attend the first mediation meeting without excuse | The absent party is liable for half of the litigation costs, even if it prevails | Law No. 6325, Article 18/A(11) |
Which court has subject-matter and territorial jurisdiction?
The civil court of peace hears lawsuits concerning the division of movable and immovable property or rights and the termination of co-ownership, regardless of the value of the subject matter (HMK Article 4(1)(b)). In lawsuits concerning rights in rem over real estate, the court of the place where the property is located has exclusive jurisdiction (HMK Article 12(1)); if the lawsuit concerns more than one property, it may be filed at the place where one of the properties is located in respect of the others as well (HMK Article 12(3)).
In cases of exclusive jurisdiction, no jurisdiction agreement may be made (HMK Article 18(1)); the court examines of its own motion, until the end of the proceedings, whether it has jurisdiction (HMK Article 19(1)).
Since Istanbul and Ankara each have more than one courthouse, the lawsuit is filed at the civil court of peace in the courthouse to which the district where the property is located belongs; the fact that co-owners live in another city or abroad does not change jurisdiction.
| Situation | Court | Example |
|---|---|---|
| Single property | Civil court of peace where the property is located (HMK Articles 4(1)(b) and 12(1)) | If the property is in Kadıköy, Istanbul, the civil court of peace at the courthouse to which Kadıköy belongs |
| More than one property | Place where one of the properties is located (HMK Article 12(3)) | For properties in Istanbul and Ankara, the lawsuit may be filed where either of them is located |
| Co-owners in another city or abroad | Jurisdiction does not change; the place where the property is located has exclusive jurisdiction (HMK Article 12(1)) | For a flat in Çankaya, Ankara, a co-owner living abroad is also a defendant in Ankara |
| Mediation application | Mediation office at the place of the competent court (Law No. 6325, Article 18/A(4)) | If the property is in Ankara, the mediation office at the courthouse to which the district belongs |
Does the process change if a co-owner is foreign?
The rules on jurisdiction and partition do not change: Turkish law applies to real estate in Turkey (Articles 20(1) and 21(1) of Law No. 5718 on Private International and Procedural Law, MÖHUK), and the case is still heard where the property is located. What changes is service of notice, security for costs, and who may acquire the property after the sale.
Service on a co-owner abroad is made through the competent authority of that country (Article 25 of the Notification Law No. 7201); if the addressee is a Turkish citizen, service may also be made through Turkey's embassy or consulate in that country (Article 25/a).
Foreign natural and legal persons who file or take part in a lawsuit before a Turkish court are required to provide the security set by the court; where reciprocity exists, the court exempts them from security (MÖHUK Article 48).
Can a foreign buyer acquire real estate at the auction?
Foreign natural persons who are nationals of countries designated by the President may acquire real estate in compliance with the statutory restrictions; the total area acquired may not exceed 10 percent of the district's surface area subject to private ownership, nor 30 hectares per person nationwide (Article 35 of the Land Registry Law No. 2644). Real estate acquired by inheritance beyond these restrictions is liquidated and converted into money if the owner does not liquidate it within the period granted, which may not exceed 1 year.
How is the money distributed after the sale?
In partition by sale, the sale proceeds are distributed to the co-owners in proportion to their shares after deduction of the sale costs (TMK Article 699(1)); under joint ownership, partition is carried out according to the rules on co-ownership in shares (TMK Article 703(2)). In partition in kind, by contrast, the new parcels are registered in the names of the co-owners and, where necessary, an equalization payment is made.
If a usufruct has been established over one of the shares and one of the other co-owners requested partition within 3 months of being notified that the usufruct had been established, then in partition by sale the usufruct continues over the proceeds attributable to that share (TMK Article 700).
Frequently asked questions
References
- Turkish Civil Code No. 4721 (Türk Medeni Kanunu) (Articles 598, 640, 642, 688, 698–703, 732–734) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )
- Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu) (Articles 4, 12, 18, 19, 120, 316, 326, 345, 350, 367) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )
- Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu) (Articles 18/A, 18/B) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )
- Land Registry Law No. 2644 (Tapu Kanunu) (Article 35) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )
- Soil Conservation and Land Use Law No. 5403 (Toprak Koruma ve Arazi Kullanımı Kanunu) (Article 8) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )
- Notification Law No. 7201 (Tebligat Kanunu) (Articles 25, 25/a) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )
- Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun) (Articles 20, 21, 48) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )