One of the heirs who cannot agree on an inherited house, plot or workplace may, as a rule, request partition of co-ownership without the approval of the others. Mediation must be attempted before a lawsuit is filed. If there is no agreement, the civil court of peace orders partition in kind where the conditions are met; where that is not possible, it orders a sale. The sale proceeds are distributed taking into account each holder's rights and any additional value, such as buildings.
The amendment dated July 31, 2026 provides that, for certain inherited properties, the first auction is held only among the owner heirs. This article explains the new rule together with the transitional provision for auctions that were already announced before that date. The older generalizations, namely that the first sale of every inherited property is open to everyone or that a closed sale always requires unanimity, are no longer sufficient. [Sources 1–4]
What need does partition of co-ownership meet?
Several heirs acquire the estate jointly. One heir cannot create independent ownership by declaring "this room is mine" on his or her own. Disagreement over sharing may arise from the property being left empty, rental income not being distributed, constant expenses, or one heir using the asset alone. Partition of co-ownership ends joint ownership and creates separate rights in property or money. For practical examples, see the article on rental income from an inherited house.
This lawsuit does not automatically secure compensation for past use. If one heir has lived in the house alone, compensation for unjust occupation (ecrimisil) and the right of use are assessed separately for the past period. Filing the lawsuit does not evict the occupying heir on the same day. A sale order also does not automatically extinguish all of a tenant's rights; lease, delivery and registration issues are subject to their own provisions.
The right to demand division under Articles 642 and 698 of the Turkish Civil Code (TMK) is not an absolute and timeless power of self-help. Duties of continuity arising from a legal transaction or from dedication of the property to a lasting purpose, the prohibition on division at an inappropriate time, and the provisions on personal property are assessed. Where immediate division would significantly reduce the value of the property, conditions for postponement may come into play. [Source 1]
For details on the subject, see the section on winding up an ordinary partnership based on a contract.
How does mediation as a condition precedent to suit work?
Since September 1, 2023, pre-litigation mediation has been a condition precedent to suit in disputes concerning the division and partition of movables and immovables. The application should include, as completely as possible, all current rights holders, their contact and service details, and the land registry information of the properties. If an heir dies during the process, the chain of heirship is renewed. [Law No. 6325 Art. 18/B; Source 3]
In the meetings, the parties may discuss allocating the property to one of the heirs, payment of the price in instalments, specific allocation of several properties separately, or options for agreed sale. The mediator, unlike a judge, does not decide which property goes to whom. If the parties cannot agree on valuation, an independent appraisal or comparable market data can make the negotiation more concrete.
If the settlement includes the transfer of real estate, an enforceability annotation is mandatory; the civil court of peace in the place where the property is located examines the statutory conditions. After the annotation, one of the parties may apply to the land registry office, and, through the special procedure of Article 18/B, the registration may be carried out without the drawing up of an official deed after the necessary review. It should not be assumed that the registry changes merely because the settlement has been signed. For details, see the article on land registry transfer by a foreign heir in Türkiye.
From the mediation application until the final minutes, the limitation period is suspended and the preclusive period does not run. In the condition precedent process, the basic period is three weeks, and in mandatory cases it may be extended by no more than one week. Attendance at the meeting, authority to represent, the final minutes and the document to be attached to the petition must be carefully followed. If the process ends without result, the confidential offers made in the negotiation do not become unlimited evidence in a lawsuit. [Source 3]
Who must be a party to the lawsuit? Which court is applied to?
One or more co-owners may file the suit; all other co-owners must take part in it. For joint ownership, all heirs are identified through certificates of inheritance. Rather than conducting proceedings against a deceased person, the chain of rights of that person is investigated. For a minor, a person under guardianship, or an heir with a conflict of interest, suitable representation is provided and, where necessary, a trustee (kayyım) is appointed.
The competent court is the civil court of peace. For disputes concerning the substance and co-ownership of immovable property, the mandatory jurisdiction of the place where the property is located applies. If there are several properties, the special provision of Article 12 of the Code of Civil Procedure No. 6100 (HMK) is examined. The parties cannot change mandatory jurisdiction merely because it is convenient for them. [Code of Civil Procedure No. 6100 (HMK) Art. 4, 12; Source 2]
The petition should state the property, the rights holders, the requested method of division where possible, and the relevant documents. Where the mismatch between land registry shares and the certificate of inheritance, a pending action for cancellation of title, or a disputed parentage arises, the assessment of the parties, the joinder of parties and a question that stays the proceedings may be required. A partition court is not a general land registry court that resolves in the same file every separate ownership dispute on the merits.
Under what conditions is partition in kind possible?
Partition in kind is the division of the property into parts that are legally and economically suitable. The area of the plot, zoning and subdivision conditions, access, the state of the building, the shares and loss of value are examined together. Physically dividing a house's rooms among the heirs is often not enough to create separate titled ownership.
The court requires a technical expert to prepare a workable division plan, and the relevant administrative restrictions are examined. The value difference between the parts may be balanced by adding money. However, this method does not oblige a division that causes a significant loss of value or is legally impossible. A match between the number of shares and the number of independent units is not sufficient on its own; the nature, value and compliance with legislation are assessed. [Turkish Civil Code (TMK) Art. 699; Source 1]
Where a property has a suitable building, the possibility of partition by establishing condominium ownership may be examined in its concrete conditions. Special partition rules and minimum size regulations for agricultural land are also significant. The proposal "let us give everyone equal square metres" does not produce economic equality if the road frontage or building values are very different. Technical and legal solutions must be built together.
Sale order and the first-auction rule changed in 2026
General sale rule
If division in kind is not possible, or would cause a significant loss of value, a sale by public auction may be ordered. Under the general provision of TMK Article 699, a sale among co-owners by auction depends on the consent of all co-owners. In addition, Law No. 7589 introduced a special first-auction procedure for certain properties acquired by inheritance. This subject is also addressed in the article on sale of a house inherited from abroad.
Where the first auction is held only among owner heirs
Under the new provision of Article 114 of the Enforcement and Bankruptcy Law (İİK), all owners must have acquired the property by inheritance, and no third party may hold any ownership right other than the heirs. Where a sale has been ordered under these conditions, the first auction is held only among the owner heirs. This special procedure applies only once. The same provision does not apply directly to a mixed ownership structure in which a third party is an owner. [Source 4]
This exception does not mean that every auction will remain within the family. If the first auction fails, the later auction stages are carried out according to the sale file. The amendment also does not guarantee that heirs will buy the property or that it will be sold above its market value.
Transitional rule: For auctions announced before July 31, 2026, the former provisions continue to apply. For that reason, it is not enough to look only at the date the lawsuit was filed or the date the sale order was given; the date of announcement of the auction must also be checked. [Law No. 7589, provisional Art. 1/1; Source 5]
Valuation and minimum bid conditions at auction
At the sale stage, the value is determined on the basis of the property's current nature, zoning status, use, building value and comparable sales. The function of the valuation report obtained in the earlier lawsuit file may differ from that of the report at the sale stage. A wrong parcel, a missing building or the use of an outdated comparable can directly affect the sale result; service of the report and the period for objection must be monitored.
| Type of auction | Statutory value threshold | Additional condition |
|---|---|---|
| First auction under the new special procedure, attended only by owner heirs | 100 percent of the estimated value | The amount must exceed both this figure and the total of priority secured claims, and also exceed the sale and distribution costs |
| Second auction under this amendment | 50 percent of the estimated value | The comparison of priority claims and the cost condition still apply |
| General auction | As a rule, 50 percent of the estimated value | Relevant priority claims and costs are assessed together |
A figure of 50 or 100 percent does not mean that an offer equal to that figure is sufficient in every case. The statute requires a comparison and an exceeding condition. Deposit and bid eligibility conditions must be verified from the auction notice and the sale file. The heir's option to deduct his or her own share from the price or to cover the deposit with his or her share should not be accepted automatically without examining its conditions. [Enforcement and Bankruptcy Law (İİK) Art. 114–115; Source 4]
Electronic auction, payment and complaints
The sales office carries out the statutory steps on the basis of the final sale order. In an electronic sale, the notice, specifications, deposit, bid period and auction result minutes contain separate documents and dates. Before bidding, the actual condition of the property, occupation, encumbrances, delivery conditions and additional costs must be investigated. The short description on the portal does not show all the risks alone.
The buyer must pay the price within seven days of the announcement of the auction result minutes; a request to cancel the auction does not automatically suspend the payment obligation. Failure to pay on time may result in loss of the deposit and, under the new amendment, an administrative fine of five percent of the bid price. If a buyer who fails to pay is a co-owner, a special rule applies so that the entire deposit is paid to the other co-owners in proportion to their shares. [Enforcement and Bankruptcy Law (İİK) Art. 114, 130; Source 4]
For a complaint against the valuation, the seven-day period that runs from notification is generally important; for cancellation of the auction, the seven-day period that runs from the auction date is generally important. Special grounds such as announcement and essential error are assessed separately, as are statutory upper limits. For a complaint about the sale in a partition of co-ownership, jurisdiction is determined in connection with the civil court of peace file on which the sale is based; enforcement rules should not be copied with the name of the court unchanged. To preserve the time limit, the authority to which the application is made and the starting point must be checked immediately against the specific act.
How is the value of buildings, trees and other improvements allocated?
An heir may have built a structure on the jointly owned plot with his or her own money, or grown trees of economic value. The attribution of improvements (muhdesat), whether this creates a property right separate from the co-ownership of the plot, and how it is taken into account in the sale price are distinct questions. If the other co-owners do not accept the attribution, a separate lawsuit and a question staying the proceedings may be needed.
In its decision dated November 19, 2025, file no. E.2025/4979 and decision no. K.2025/4848, the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) addressed the determination of the improvement ratio. It emphasized that the calculation must be based not only on the heir's share of the plot, but on the total value of the whole plot and the improvements, and that the result must be suitable for enforcement. A decision that allowed distribution on the basis of an incorrect ratio was quashed. [Source 6]
Hypothetical example: Suppose the whole plot is worth 6 million Turkish lira (TL), and the value of a building whose attribution to one heir has been accepted is 4 million TL. The building's share of the total is then 40 percent. The corresponding part of the sale price used for distribution goes to the building owner, and the remainder representing the plot is divided according to the land registry shares. This example does not show the net amount to be paid directly, since expenses, taxes and specific rights have not been examined. The same building value must not be added twice, both to the improvements calculation and to the plot share calculation.
Sale price, expenses and legal remedies
In the distribution, land registry shares, certificates of inheritance, accepted improvement ratios, encumbrances and expenses are considered together. A personal creditor's attachment on one heir's share does not mean that the other heirs' shares may be freely used for the same debt. Before the sale, a current file account must be obtained for taxes, fees, valuation, notices and sale expenses; a fixed total of expenses is not a correct promise.
Because a partition of co-ownership is a lawsuit with consequences for both sides, the imposition of costs cannot be explained by the ordinary description "the losing party pays everything." Shares, procedural conduct and the relevant fee rules are taken into account. Academic studies on the implementation of a mediation agreement also show the importance of planning the content of the agreement, the annotation and the enforcement together. [Source 7]
Against a first-instance decision, the general period for appeal is two weeks from service of the reasoned decision; the type of decision and the statement of legal remedy should be checked. Shorter periods relating to the valuation or auction steps in the sale file must not be confused with this. The end of the lawsuit and the completion of the sale are not the same date; finality, valuation, auction and distribution are separate stages. [Code of Civil Procedure No. 6100 (HMK) Art. 345; Source 2]
For details, see the articles on tapu cancellation due to concealed inheritance and a defective certificate of inheritance and land registry cancellation and registration based on an inheritance partition agreement.
Conclusion
In partition of co-ownership, the first step is to establish all the heirs and the legal status of the property. If the mediation does not produce an enforceable division, the options of partition in kind and sale are examined on their technical and legal conditions. The first-auction change of 2026 should be followed together with the steps of valuation, payment and distribution. Even if a lawsuit is won, missing the deadlines in the sale file can cause an economic loss.
For the related aspects, see our articles on transfer of an inheritance share, attachment of an inheritance share and inheritance partition agreement, as well as our inheritance law and inheritance proceedings page.
Frequently Asked Questions
Can a single heir request partition of co-ownership?
As a rule, yes. The consent of the other heirs is not a general condition for filing suit; however, statutory and contractual circumstances that postpone or limit the division are examined.
Is it mandatory to go to mediation before filing suit?
For disputes concerning the division of movables and immovables and the partition of co-ownership, pre-litigation mediation is a condition precedent to suit.
Will the court necessarily sell the house?
No. If partition in kind is legally and economically possible, it is considered. If division is not possible or would cause significant loss of value, a sale comes into question.
Is the first auction held only among heirs?
Yes, if the conditions of the change of 31 July 2026 are met: all owners must have acquired the property by inheritance, and no third party may hold ownership besides the heirs. Auctions already announced are subject to the transitional rule.
Is half the price enough at a first auction within the family?
Under the new special first-auction procedure, the value threshold is 100 percent. In addition, the condition of exceeding the priority-claims comparison and the sale and distribution costs applies.
Can one of the heirs win the auction?
If they meet the requirements for participation, deposit and bid in the relevant auction, they can. Owning a share does not entirely remove the obligations to pay the price and to meet other requirements.
What happens if the auction price is not paid?
Non-refund of the deposit, the statutory distribution and the five percent administrative fine under the new amendment may arise. The seven-day payment period must be monitored closely.
Is a sibling living in the house evicted as soon as a lawsuit is filed?
No. A partition lawsuit alone does not bring immediate eviction. Use, compensation for unjust occupation and delivery after the sale are assessed separately.
Is a building I constructed on the plot with my own money taken into account?
If the attribution is accepted or is determined properly, the value of the improvements may be taken into account in distributing the sale price. A correct ratio and a valuation report suitable for enforcement are required.
How many months do the lawsuit and the sale take?
The number of parties, service, expert reports, title disputes, appeals and the auction result all change the duration. A definite end date cannot be given without examining the file.
Sources and legal bases
- Turkish Civil Code No. 4721, Art. 640, 642, 698–699. Accessed October 13, 2026.
- Code of Civil Procedure No. 6100, Art. 4, 12, 165, 322, 345. Accessed October 13, 2026.
- Law No. 6325 on Mediation in Civil Disputes, Art. 18/A–18/B. Accessed October 13, 2026.
- Enforcement and Bankruptcy Law No. 2004 (İİK), in particular Art. 114–115, 128/a, 130, 134; consolidated text following Law No. 7589. Accessed October 13, 2026.
- Law No. 7589, TBMM adopted text, Art. 1, provisional Art. 1/1, Art. 26; Official Gazette, July 31, 2026, issue 33326.
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), November 19, 2025, E.2025/4979, K.2025/4848; full text of the decision as accessed. Examined for the calculation of the improvement ratio.
- Süleyman Topak, “Mediation Process in Partition of Co-ownership and Enforcement of the Settlement Document” (Ortaklığın Giderilmesinde Arabuluculuk Süreci ve Anlaşma Belgesinin İcra Edilmesi), Journal of the Justice Academy of Türkiye (Türkiye Adalet Akademisi Dergisi), 2025, issue 61, pp. 377–406, DOI: 10.54049/taad.1622163.