Inherited immovables
Determination of the heirs, succession transfer and ending co-ownership.
Options for heirsAn action for dissolution of co-ownership (izale-i şuyu) brings co-ownership of an asset held in co-ownership in shares or in joint ownership to an end. A co-owner may request partition within the limits set by law. The solution may be an agreement, partition in kind, establishment of condominium ownership where the conditions are met, or sale.
Güneş & Güneş Law Firm provides advice as counsel for a claimant or respondent co-owner in disputes concerning co-owned houses, land, fields, business premises and inherited immovables, represents the parties in mediation, and gives legal support in litigation and sale proceedings. At the initial review, your goal of keeping the immovable, transferring your share or ending the co-ownership is clarified.
Determination of the heirs, succession transfer and ending co-ownership.
Options for heirsMediation, share transfer, partition agreement and a workable settlement.
Ways to reach agreementConditions under which land, fields, houses and business premises can be divided without a sale.
Division optionsThe value of the immovable, comparables, structures and trees, and improvement (muhdesat) ratios.
Valuation and objectionThe right parties, the respondent co-owner’s requests, title disputes and legal remedies.
Proceedings and representationElectronic auction, the first auction reserved for heirs, and the accounting after the sale.
The sale processA sale is not the necessary outcome of every file. The requested method of partition is assessed together with the records, technical suitability and the legal position of the parties.
On a narrow screen, you can scroll the table horizontally to see the other columns.
| Method | What it provides | Deciding condition |
|---|---|---|
| Partition by agreement | Share transfer, joint sale or reciprocal allocation of suitable assets. | The intentions of the parties, form, registration, payment and tax and fee consequences are assessed together. |
| Partition in kind | Division of the asset into parts that can be divided legally and in fact. | Zoning and agricultural rules, shares, independent use and significant loss of value are examined. |
| Condominium ownership | Allocation of independent units to the co-owners in a suitable building. | A request, an approved project, an occupancy permit and equalization of shares are required. |
| General sale procedure | Sale of an indivisible asset and distribution of the price. | For a sale restricted to the co-owners only, the general rule is the consent of all co-owners. |
| First auction specific to heirs | Holding the first auction of an inherited immovable that meets the statutory conditions among the heirs who are owners. | The scope of Article 114 of the Enforcement and Bankruptcy Law (İİK), the special bid threshold and the July 31, 2026 transitional rule are checked separately. |
Where all the owners acquired the immovable by inheritance and there is no third-party owner other than the heirs, the first auction is held only among the heirs who are owners. This procedure applies only once; it does not apply to all co-owned immovables.
For auctions announced before July 31, 2026, the previous provisions continue to apply. The special bid threshold of the first auction and the conditions of the second auction are also different.
Review the scope and the bid conditionsIn these files, the assessment does not rest only on the share ratio in the land registry. Ownership records, the manner of use, zoning and agricultural restrictions, structures and trees, debts and the parties’ goals are considered together. The aim is to set out the workable partition options and the costs, time and risks of each option with concrete documents.
The scope of the dispute and the conditions of representation are determined from the current owner, share, heirship and encumbrance information.
The options of taking over a share, dividing or selling are compared; the workability of an agreement is assessed.
Subject-matter and territorial jurisdiction and the proper composition of the parties are checked. The claim, the defense and related disputes are clearly separated.
Divisibility, condominium ownership, market value and improvement reports are reviewed; an objection is prepared where needed.
The effect of the judgment on the method of partition and the distribution of the price is assessed together with the appeal route and the conditions of finality.
Within the scope of the engagement, valuation, announcement, auction, collection, expenses and distribution are followed.
By opening the heading that fits your need, you can review the scope of the service, the important conditions and the related types of procedure.
In co-ownership in shares, even though each co-owner’s share is defined, that share does not mean sole ownership of a particular room or physical part of the immovable. In joint ownership, on the other hand, entitlement depends on the relationship among the joint owners; an heir’s share in the estate and the power of disposition over a particular immovable are not the same.
Under Article 698 of the Turkish Civil Code (TMK), a request for partition may be restricted because of a valid legal transaction, because the asset has been dedicated to a continuing purpose, or because it is raised at an inappropriate time. As a rule, the right to request partition may be restricted for at most ten years; for immovables, the official form of the relevant contract and its annotation in the land registry are assessed separately.
Living in the immovable, holding a small share or not wanting a sale does not, on its own, prevent the action. On the other hand, a purpose of common use, a valid contract and restrictions in special laws may be raised with concrete evidence. Common areas tied to condominium ownership cannot be made the subject of a separate partition like an independent land share.
Because the judgment affects all the co-owners, all of them must take part in the proceedings. The heirs of a deceased co-owner, an owner who acquired later and identity discrepancies in the land registry are investigated from current records. An incomplete composition of the parties and improper service can prolong the process.
Being a creditor does not give a right to bring a direct and unlimited partition action over all the co-owned assets of the debtor.
In actions concerning the partition of movable or immovable property and the dissolution of co-ownership, the court with subject-matter jurisdiction under Article 4 of the Code of Civil Procedure (HMK) is the civil court of peace. In an action concerning an immovable, the court at the place where the immovable is located has exclusive territorial jurisdiction.
Where there are several immovables, different judicial districts, the estate as a whole or a separate ownership dispute, the nature of the claim and the relevant provisions, including Article 12 of the Code of Civil Procedure, are examined separately. Before the action is brought, the applicable mediation as a condition precedent to litigation is completed; the examination of subject-matter and territorial jurisdiction is carried out from the preparation stage.
In actions brought on or after September 1, 2023 for the partition of movable and immovable property and the dissolution of co-ownership within the scope of Article 18/B of Law No. 6325, applying to mediation is a condition precedent to litigation. Actions brought earlier and special situations are assessed under the transitional provisions. The mediator does not decide; an agreement depends on the will of the parties.
For an agreement within this scope, obtaining an enforceability annotation (icra edilebilirlik şerhi) is mandatory. For an immovable, the civil court of peace at the place where the immovable is located issues the annotation. For an agreement aimed at registration, the land registry procedures after the annotation are followed separately. Our firm keeps the role of party counsel in mediation separate from the role of the neutral mediator.
If all the relevant rights holders agree, the transfer of a share to one or several co-owners, a joint sale of the immovable to a third party, or a reciprocal allocation of suitable assets can be considered. The existence of several assets does not mean that a court can distribute them as it pleases, independently of the parties’ will.
Oral understanding or a simple written text is not sufficient for every immovable transaction. The effect of the agreement on the lawsuit and on the sale file is also regulated expressly.
In co-ownership in shares, the sale of a share to a third party may, if the conditions are met, bring the other co-owners’ statutory right of pre-emption into play. The status of the buyer, the true nature of the transaction, notification and time limits are examined. Transferring an inheritance share and transferring a share in an immovable recorded in the land registry are not the same transaction.
The statutory right of pre-emption cannot be exercised in a sale by compulsory auction (Article 733 of the Turkish Civil Code). For this reason, buying a share by private agreement, a pre-emption action and taking part in the auction should not be confused with one another. The effect of the transfer on party status in a pending action and on the sale regime specific to heirs is also checked separately.
Partition in kind is the division of an asset into parts that can be used independently, physically and legally. If one of the parties requests this method, the request is assessed in terms of surface area, number of co-owners, share ratios, access, zoning and agricultural rules, and significant loss of value.
Areas of use that have been divided in practice do not on their own create separate ownership. If division is not legally possible or would cause significant loss of value, the option of sale comes into play.
Under Article 10 of the Condominium Ownership Law, in a suitable building, co-ownership can be ended at the request of one of the co-owners by allocating the independent units. The completion status of the building, the number and characteristics of the independent units, the possibility of allocating a unit to each co-owner and value differences are examined together.
Not every building is considered suitable for this route simply because it has several floors. A sale should not be assumed to be inevitable without assessing the workable request and the documents.
The plan decision, minimum parcel size, road frontage, building conditions and existing buildings can determine the possibility of partition in kind. The word “land” on the title does not by itself mean free divisibility. Cadastral, municipal and relevant administrative records are considered together with the on-site examination and the expert review.
If there are protected site, conservation, coastal, forest boundary, expropriation, zoning implementation or public-use areas, their effects are investigated separately. Annulment of administrative acts or compensation claims are not matters that an action for dissolution of co-ownership would resolve by itself.
For agricultural land, the minimum and sufficient-income land sizes in Law No. 5403, economic integrity and the rules on transfer tied to inheritance may apply. In addition to the nature of the parcel in the land registry, its actual and legal agricultural status is also examined.
The date on which the inheritance opened, the class of the land and the opinion of the relevant administration are especially important. Not every field can be divided into equal parts; transfer to one of the heirs or other options in the special law may be assessed separately from the general partition rules. Irrigation, crops, trees, facilities and the integrity of the operation are made the subject of the valuation.
Dissolution of co-ownership is not limited to immovables. For vehicles, machinery and other movables in co-ownership as well, divisibility of the asset, registry records and the conditions of sale can be examined.
A company share, a membership right, an intellectual property right, a receivable or business assets are not automatically subject to the same regime as an immovable. The nature of the right, the company agreement and the special liquidation provisions are assessed. Liquidation of rights in a community of heirs and dissolution of a company are also separate legal processes.
Component parts on an immovable such as a house, building, facility and trees are, as a rule, sold together with the land. The claim that they were created by a particular co-owner is assessed on the basis of the land registry record, the parties’ admissions, construction and planting records, payment documents and, where necessary, a separate action for determination.
Having had the building built does not by itself increase the land share in the land registry. Recognition of the claim, the contribution to the increase in value and the calculation of the ratio are verified in the specific file; a fixed construction cost and the ratio to be set aside from the sale price are not the same thing.
The valuation is reviewed in terms of suitable comparables, location, surface area, zoning rights, actual use, building characteristics, depreciation, encumbrances and the relevant valuation date. The listing price and the actual sale price are not the same data; the reasons for the comparisons and adjustments should be visible in the report.
An expert report served during the proceedings can, as a rule, be objected to within two weeks under Article 281 of the Code of Civil Procedure. If the conditions are met, an additional period, a supplementary report or a new expert is requested within the time limit. A complaint against the valuation at the sale stage is subject to a separate time limit and procedure; these two steps are not confused.
Dissolution of co-ownership ends the existing ownership relationship; it does not, by itself, decide a claim of an erroneous land registry record, a simulated transfer or to whom a share actually belongs. An action for annulment and re-registration of title, correction of the certificate of inheritance or another action may be needed.
If the outcome of the separate action will affect the rights holders and the shares, the conditions of a stay pending a preliminary question are examined. A request for an injunction is also not accepted automatically; the claim, evidence, legal interest and concrete risk are set out together.
A co-owner’s use of the immovable, collection of rent or bearing of maintenance expenses may give rise to claims for receivables and accounts that are separate from the partition action. The agreement on use, the obstruction of enjoyment, notices, the income period and payment documents are examined.
In compensation for unjust occupation, wrongful use and, where needed, the condition of exclusion from use (intifadan men) and the exceptions are assessed separately. Dissolution of co-ownership does not by itself settle past rent and expense accounts. The eviction of a tenant or a co-owner who lives there does not take place merely because an action has been filed either; the lease relationship and the special procedures at the auction and delivery stage are kept apart.
A respondent co-owner is not limited to opposing the sale. He or she may raise the option of partition in kind or condominium ownership, valid grounds restricting partition, missing parties, a claim to improvements and errors in the report. It is important that evidence and requests are submitted properly and on time.
Because of the bilateral nature of this action, the claimant’s waiver of the claim does not in every case end the proceedings if the other co-owner wishes to continue the action. Waiver of the claim, withdrawal of the action, settlement and merely not attending the hearing have different consequences. Ignoring a notice of service is not a method that protects rights.
The method of partition, the proper composition of the parties, the technical review and the distribution ratios are reviewed together with the judgment. Under Article 345 of the Code of Civil Procedure, the time limit for appeal (istinaf) is, as a rule, two weeks from the proper service of the judgment. In implementing a judgment concerning the right in rem over an immovable, the condition of finality is observed.
Whether an appeal to the Court of Cassation is available is determined by examining together the nature of the judgment, the civil court of peace limitations in Article 362 of the Code of Civil Procedure and the provisions added in 2026 on a renewed decision on the merits. It is not assumed that an appeal to the Court of Cassation is open for every judgment or that every appeal decision is final. A complaint against acts of the sales office (satış memurluğu) and annulment of the auction (ihalenin feshi) are separate from the legal remedy against the judgment on the merits.
Attachment, mortgage, usufruct, easement, injunction and annotations are examined according to whether they relate only to the debtor’s share or to the whole immovable. It cannot be said that all the records will be deleted by the sale without assessing the creation, scope, rank of the right and its effect on the sale specifications.
One co-owner’s personal debt does not automatically turn the other co-owner’s sale proceeds into payment of that debt. The continuation of a usufruct over the asset or the sale proceeds is assessed under special conditions, including Article 700 of the Turkish Civil Code. Notification of the rights holders, payment from the price and deletion procedures are followed file by file.
For foreign individuals who hold an immovable in Türkiye and Turkish citizens living abroad, heirship, party status, foreign documents, international jurisdiction and service are planned in advance. Restrictions on acquiring land and the special provisions on companies and foreign legal entities are also checked separately.
Pursuit through an attorney can make it possible to carry out most procedures without traveling to Türkiye; procedures requiring personal attendance, the authority of representation and the practice of the institution are verified in the specific file.
In an inherited immovable, it is first determined who the heirs and owners are, the status of succession transfer (intikal), disclaimer of the inheritance, the will and disputes affecting the shares. If the heirs cannot agree, dissolution of co-ownership of the specific immovable or partition of the estate according to the scope of the estate may come into play.
The surviving spouse’s claims and rights over the family residence, estate debts, and transfer provisions specific to an agricultural holding or land are examined separately. Whether all the heirs are owners also affects who can take part in the first auction. Liquidation of a community of heirs and liquidation of a company are not subject to the same procedure.
After the sale decision becomes final, the procedures are carried out through the sales officer appointed by the court, under Article 322 of the Code of Civil Procedure and the applicable provisions of the Enforcement and Bankruptcy Law. Filing the action or the sale decision does not, by itself, mean that the auction has been held.
Being a co-owner does not automatically give an exemption from the rules on bidding or paying the price. Under Article 114 of the Enforcement and Bankruptcy Law, the auction price must be paid within seven days of the announcement of the result record on the portal. Under the current rules, failure to pay on time can result, in addition to forfeiture of the security, in an administrative fine of five percent of the bid amount. The regime that applies is checked against the date of the announcement.
There are two separate regimes: for a sale restricted to the co-owners only under Article 699 of the Turkish Civil Code, the consent of all the co-owners is required. By contrast, the special auction for inheritances in Article 114 of the Enforcement and Bankruptcy Law limits the first auction to the heirs who are owners once its statutory conditions are met.
This rule does not guarantee that the immovable will necessarily stay in the family or be transferred to a co-owner at a fixed price. If the first auction is unsuccessful, the participation and sale conditions of the next stage are assessed separately.
In the distribution, the land registry or inheritance shares, the ratios of improvements that have been admitted or decided by judgment, sale expenses, fees and payments to rights holders are considered together. The price allocated to the improvements and the price attributable to the land share are calculated separately.
The party that brings the action does not receive the whole price. The net payment depends on the price actually realized in the sale and on deductions specific to the file. A simple multiplication of the shares may not, on its own, give the correct result in a file with improvements or encumbrances.
Owners, shares, heirs, addresses and the rights that affect the transaction.
A comparison of the suitability of agreement, partition in kind, condominium ownership and sale.
Assessment of comparables, improvements, ratios, technical deficiencies and evidence.
Transaction dates within the scope of the engagement, and expense and distribution records.
The scope of the work is determined by the stage of the file and your needs. Not every application requires the same package of documents or procedures.
A file may involve more than one dispute. Raising the right claim by the right procedure reduces the risk of an incomplete or unnecessary action.
Ending co-ownership in a specific asset and distributing the whole estate, its debts and several assets among the heirs are not within the same scope.
If who the owner is or the validity of a share is disputed, a separate ownership claim and the need for a stay pending a preliminary question are assessed.
Past use, rental income and common expenses are not settled automatically by the partition judgment.
A participation claim and a share in increased value are separate claims in family law. They are not the same calculation as dissolution of co-ownership between spouses who are co-owners in the land registry.
The basis and the distribution order of an attachment sale that a creditor begins for the purpose of collection differ from those of a sale that ends co-ownership.
This claim, which rests on a serious breach of obligation, has different conditions and consequences from ending the co-ownership as a whole.
The current title, block and parcel, share ratios, heirship and succession transfer documents; a will or partition agreement, if any.
Zoning status, cadastral map or sketch, project, permit, occupancy permit and the record of servitude of floor ownership (kat irtifakı) or condominium ownership.
Attachment, mortgage, usufruct and other encumbrances; building and tree documents, rent, income, expenses, payments and earlier agreements.
The final mediation record, petitions, on-site examination and expert report, judgment, sale announcement, envelope and UETS records.
Your goal of taking over a share, dividing or selling; correspondence with the co-owners, address abroad, identity and power of attorney information.
Organize the property details, documents and key dates with the list above. The checklist file is available in Turkish only.
Do not delay an urgent application while you complete missing documents. A short note is enough in the first message; detailed documents are shared through a secure channel after the conflict-of-interest and acceptance checks.
A consultation request does not stop statutory time limits. Talking with the other side or collecting documents also does not by itself extend a time limit.
Güneş & Güneş Law Firm was founded in Kemer on March 18, 1999, and has been based in Antalya since 2007. Taking into account the location of the co-owned immovable, the court with subject-matter and territorial jurisdiction, mediation, on-site examination and the requirements of representation, dissolution of co-ownership, related actions and sale proceedings are planned in all 81 provinces of Türkiye.
In files with a Türkiye connection involving Turkish citizens living abroad, foreign co-owners and foreign legal entities, the conditions of ownership, heirship, representation, foreign documents and international service are assessed separately.
Turkish, English, German and Russian communication is supported by online consultation and secure document sharing. If local law and representation are needed outside Türkiye, the scope of the engagement is defined and coordination is arranged with authorized professionals in the country concerned.
Advice, representation of a party in mediation, the action, the appeal and the follow-up of the sale are clarified in writing as separate stages.
The attorney’s fee is explained separately from court fees, on-site examination, expert, announcement, sale, translation and other expenses. The initial advance and the final distribution of expenses are not the same.
The method of keeping you informed is determined for important developments, reports, options and dates that call for a decision. Necessity and confidentiality are observed in sharing documents.
Because of the bilateral nature of dissolution of co-ownership, the litigation costs and the attorney fee awarded are, as a rule, assessed according to the parties’ shares. Improvements, the base for court fees and special procedural situations are examined separately. The fee agreement you make with your own attorney is different from the court’s apportionment of costs.
Yes. A partition action is the traditional name used for the action for dissolution of co-ownership. The aim is to end co-ownership in a manner consistent with the legal conditions.
As a rule, yes; the statutory or valid contractual limits on the right to request partition are reserved. The other co-owners must take part in the action; it is not required that all of them be claimants in order to bring it.
It is a condition precedent to litigation in new partition and dissolution of co-ownership actions within the scope of Article 18/B of Law No. 6325. Actions brought before September 1, 2023 are assessed separately under the transitional rule.
Not coming does not by itself stop the process. The final mediation record, proper service and the proper composition of the parties are assessed; the consequences of absence in the proceedings arise under the relevant procedural rules.
No. If an agreement is possible legally and technically, the options of partition in kind or condominium ownership are assessed. If they are not suitable, a sale may come into play.
Yes; the request must be raised properly, and technical and legal suitability must be investigated. Making the request does not mean that every immovable can be divided.
The court with subject-matter jurisdiction in dissolution of co-ownership is the civil court of peace. The place where the immovable is located has exclusive territorial jurisdiction; several assets and different types of claims are assessed separately.
The heirs and current entitlement are determined, and the necessary succession transfer, registration and party procedures are planned. The fact that the land registry still shows the decedent does not, for that reason alone, make the whole assessment impossible.
For an immovable that meets the conditions of the 2026 rules, the first auction is held once, only among the heirs who are owners. The date of the announcement, the way all the owners acquired the immovable and whether there is a third-party owner are checked. The details are explained under the relevant service heading.
No. The special inheritance auction is limited by specific conditions. Unanimity is required for a sale restricted to the general co-owners; an unsuccessful auction, the next sale stage and the bid conditions are assessed separately.
Participation is possible by meeting the participation and security conditions of the applicable auction. The status of co-owner does not remove the obligation to pay the price on time.
No. The statutory bid threshold, priority claims, costs and the auction conditions apply. Whether the share can be set off and how the security is applied are determined separately from the records of the sales unit.
The ownership of the building and its contribution to the value of the immovable are assessed. If the conditions are met, the ratio attributable to the improvements goes to the co-owner concerned, and the land portion is allocated according to the shares. A separate action for determination may be needed if ownership is disputed.
An objection is made under the relevant procedure by showing comparables, method and material errors. The two-week period in Article 281 of the Code of Civil Procedure for the report in the action and the procedure for a complaint against the sale valuation are different; it must be determined which report was served.
Filing the action is not, by itself, an act of eviction. The right of use, the lease, the result of the sale and the special procedure required for delivery or eviction are examined. Living there also does not, on its own, prevent a request for partition.
The existence of an encumbrance is not, on its own, an obstacle to the action in every case. Which share the right affects, its rank, its participation in the sale and its effect on the distribution of the price are investigated separately.
Not always. The class and size of the agricultural land, its economic integrity, the date of inheritance and the special provisions of Law No. 5403 may restrict division or transfer.
No. The other co-owner’s request to continue the proceedings and the bilateral nature of the action are assessed. Waiver of the claim, withdrawal and settlement are different procedural acts.
The number of co-owners, service, any foreign connection, on-site examination, objection to the report, related actions and appeals affect the time. The proceedings and the sale stage are assessed separately; a fixed end date cannot be given without seeing the file.
The initial fees and advances differ from the expenses that will ultimately be charged to the parties. The shares, improvements and special procedural situations are taken into account. The fee in the attorney engagement agreement is assessed separately.
While ownership continues, a request for partition is generally not subject to the statute of limitations; the situations that restrict partition are reserved. Related rent, compensation for unjust occupation, pre-emption or receivable claims may have their own time limits.
Where the form and authority of the power of attorney are appropriate, procedures can be planned through an attorney. Depending on the type of document, the consulate, apostille or certification and translation requirements and the need for personal attendance are examined.
No. Past rent, use and expense accounts are separate from the partition request. The basis of the receivable, the period, the evidence and, where needed, the separate route of action are determined.
If there are no improvements or share-specific rights and deductions, the share ratio is the main determinant. In a file with improvements, attachment or mortgage, fees and expenses, the net distribution is calculated separately.
Content version: October 3, 2026. Rules that depend on the date of legislation, announcement and service should be reassessed on the date of the transaction.
Briefly describe the province/district where the immovable is located, your position as a co-owner or heir, and any action or sale file. In your first communication, state whether an action has been filed and mention any notice of service, expert report or upcoming auction date you have received.
Our target for a first response is 48 hours. This period does not mean that a legal opinion has been completed or that a matter has been accepted. If you have an urgent procedural date, please let us know by phone.
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This page is for general information; it does not constitute a personalized legal opinion or a guarantee of results. The outcome depends on the specific facts, records, evidence, the claims and defenses of the parties, expert review and the assessment of the competent authority. An attorney–client relationship is established upon confirmation of acceptance of the matter and of the engagement.