Action for Partition of Common Property (İzale-i Şuyu): Partition in Kind and Sale

A partition action is brought by one or more co-owners against all other co-owners. The competent court is the Civil Court of Peace (Sulh Hukuk Mahkemesi); the venue is the court of the place where the immovable is situated.

If there is no valid legal impediment to partition and all co-owners are joined, the court assesses the partition request. Failing agreement, partition is effected either in kind or by sale.

There is a procedural precondition to be satisfied before filing: under Article 18/B of Law No. 6325 (added by Law No. 7445), in disputes concerning the division of movable and immovable property and the termination of co-ownership, an application to a mediator is a procedural precondition. This requirement has applied since 1 September 2023; an action filed without completing the mediation stage is dismissed on procedural grounds.

Under TMK m.699, partition is effected by dividing the property in kind. Where partition in kind is not possible, or would cause a significant reduction in value, partition by sale is ordered.

Whether partition in kind is possible is investigated by experts; zoning legislation, parcel size and the condition of the structures are decisive factors. Apartment-type properties in city centres are often impossible to partition in kind, leading to partition by sale.

Under HMK m.322/2 the judge appoints an officer to conduct the sale in accordance with the Enforcement and Bankruptcy Code. Proceeds are distributed with regard to costs and the parties' entitlements. The appointed sales office and file must be identified; it is not invariably the enforcement office itself conducting the partition sale.

As a rule the sale is by public auction and open to everyone; a co-owner has no right of first refusal at a price fixed in advance. The auction may be confined to the co-owners only if all of them so agree (TMK art.699/3).

Real-estate disputes should be reviewed first on the basis of the land registry, encumbrance records, municipal and zoning status, actual use, and the payment records between the parties. In particular, in matters concerning deed cancellation, eviction, partition and condominium ownership a single document is rarely sufficient; official records must be assessed together with the factual situation.

Before commencing an action or transaction it is essential to identify time limits and the competent authority correctly. The court of the place where the immovable is located, the form requirements before notaries, land-registry procedures, dates of notices and service records can directly affect the course of the dispute.

When preparing evidence, the deed, official deed, lease, bank receipts, formal notices, building permits, management plans and other technical documents that may be subject to expert review should be filed separately. Such preparation enables a clearer legal framework both when filing an action and in settlement discussions.