What is an Action for Dissolution of Joint Ownership (İzale-i Şuyu) in Türkiye?

In Türkiye, an Action for Dissolution of Joint Ownership, known in Turkish as "İzale-i Şuyu Davası", is a legal procedure filed by one or more co-owners of a movable or immovable property to terminate shared ownership and request individual ownership. This action applies to both joint ownership (elbirliği mülkiyeti) and co-ownership (paylı mülkiyet), enabling the property to be either divided among the parties or sold and the proceeds distributed.

These lawsuits are commonly filed by heirs, siblings, or former partners who no longer wish to jointly hold a property. Given that Turkish law prioritizes the liquidation of joint ownership to ensure the free disposition of property rights, courts typically grant such requests unless legal or physical constraints prevent it.

Legal Nature of Dissolution of Joint Ownership Lawsuits

An Action for Dissolution of Joint Ownership is a multi-party civil lawsuit where the outcome applies equally to all co-owners. Even if the initial plaintiff withdraws the claim during the trial, any defendant may notify the court of their intent to continue the proceedings, and the case will proceed.

Turkish law acknowledges two main types of dissolution:

1. Dissolution Through Partition in Kind (Aynen Taksim)

2. Dissolution Through Sale (Satış Yoluyla Giderme)

Types of Dissolution Explained

1. Dissolution Through Partition in Kind (Aynen Taksim)

This type of dissolution occurs when the shared property can be physically divided among the co-owners without losing its value or functionality. A common example is dividing a piece of land into equal parcels. However, this method is only applicable if the property is suitable for division based on:

• Total area and layout

• Property type

• Number and share of co-owners

• Local zoning regulations

• Agricultural or urban planning restrictions

If partition causes significant depreciation in the property's value or fails to meet urban planning standards, the court may reject partition in kind.

If division is possible, yet the resulting shares are not of equal value, the court may order cash compensation (ivaz) to balance the inequality.

Important Note: If a condominium can be established on the real estate, the court must first investigate whether the establishment of condominium ownership (kat mülkiyeti) is possible. If it is, the court cannot order dissolution by sale.

2. Dissolution Through Sale (Satış Yoluyla Giderme)

If the property cannot be divided, the court will order a sale via public auction through the enforcement office or court-appointed sales officer. The proceeds are then distributed among the co-owners in accordance with their ownership shares.

All co-owners may agree unanimously to sell the property exclusively among themselves, avoiding a public sale. However, this requires formal written consent from all parties.

Is Mediation Mandatory Before Filing a Dissolution Lawsuit?

Yes. According to Article 18/B of Law No. 6325 on Mediation in Civil Disputes, applying to a mediator is a legal prerequisite before filing an İzale-i Şuyu lawsuit. If mediation is not attempted, the court will reject the case on procedural grounds.

Who Can File the Lawsuit?

Any co-owner—whether holding a share in a movable item (such as a valuable antique) or an immovable property (such as land or an apartment)—can initiate the lawsuit. The case must be filed against all other co-owners.

If any co-owner has passed away, the lawsuit must also include all heirs listed in the certificate of inheritance. Without including every stakeholder, the court cannot issue a binding ruling.

Which Court is Authorized?

The lawsuit must be filed in the Civil Court of Peace (Sulh Hukuk Mahkemesi) located in the jurisdiction where the real estate is situated. For example, if the immovable property is in Bakırköy, İstanbul, the case must be brought before the Bakırköy Civil Court of Peace.

Court Fees and Litigation Expenses

Litigation costs in İzale-i Şuyu cases depend on whether the property is divided or sold:

• If sold: A proportional court fee of 11.38 per thousandof the share allocated to a co-owner is applied.

• If divided: A court fee of 4.55 per thousandof the property value is charged.

Initially, the plaintiff must cover court fees and expenses. However, at the end of the trial, the court distributes the total legal costs among all parties in proportion to their ownership shares. Since there is no plaintiff or defendant winning or losing, no party bears the full cost alone.

What Happens If There Are Fixtures or Additions (Muhdesat)?

Fixtures like trees, buildings, or permanent installations on the property are legally considered part of the land. If there is no dispute about ownership, the court includes them in the valuation and distribution.

However, if one co-owner claims exclusive ownership of certain fixtures, and the others disagree, a separate lawsuit called "muhdesatın aidiyetinin tespiti" (determination of ownership of fixtures) must be filed. The dissolution case is then suspended until the ownership of the fixtures is clarified.

Important Rulings:

• If the fixtures increase the overall value of the land and are proven to belong to a specific co-owner, that portion of the sale price is allocated directly to them.

• If fixtures belong to a third party not involved in the case, they cannot claim part of the sale proceeds.

Why Is This Case Common in Türkiye?

Due to Türkiye’s cultural inheritance patterns, many properties are inherited by multiple heirs across generations. Disagreements, unequal use, or need for liquidity often trigger dissolution claims. These lawsuits allow each stakeholder to receive their rightful share in cash or through direct ownership.

How Bayraktar Attorneys Can Help

At Bayraktar Attorneys, we specialize in representing both Turkish and foreign clients in joint ownership and real estate litigation. We:

• Analyze whether partition in kind is possible

• Apply for mediation on your behalf

• File and pursue the lawsuit before the competent court

• Ensure fixtures and additions are properly valued

• Handle disputes regarding the ownership of muhdesat

• Assist in post-sale distribution of proceeds

We also offer remote legal representation if you are located abroad and wish to resolve the matter through a power of attorney.

Conclusion

An İzale-i Şuyu lawsuit is a powerful legal tool in Türkiye for resolving deadlocks in shared property ownership. It protects your right to independently manage or liquidate your share and ensures a fair and legal outcome for all parties.

If you are a co-owner of a property in Türkiye and need to dissolve the joint ownership, contact Bayraktar Attorneys for tailored legal advice and professional representation.