Actions for Dissolution of Co-Ownership

An action for dissolution of co-ownership may be brought where immovable property is held by more than one person in shared or joint ownership. The proceeding is traditionally known as izale-i şuyu in Turkish legal practice.

The purpose is to terminate co-ownership either by partition in kind or, where physical division is not legally or practically possible, by sale and distribution of the proceeds.

Any co-owner may generally commence the action without the consent of the others. All persons whose rights may be affected must be correctly identified and joined to the proceedings.

The court obtains an expert assessment of whether partition in kind is possible without breaching planning rules or causing disproportionate loss in value. If it is not possible, a judicial sale may be ordered and the net proceeds distributed in accordance with the ownership shares.

These proceedings are common in inherited property. Ownership records, succession documents, improvements made to the property and questions concerning the allocation of sale expenses may all require separate consideration.

Procedural errors or insufficient preparation for the sale phase can have serious economic consequences. The property’s legal status and the potential alternatives should therefore be assessed before the action is filed.