Co-Owned Property in Türkiye: Ending Co-Ownership Through Mediation, the Partition Lawsuit (İzale-i Şuyu), Division in Kind or Sale, and the Co-Owners' Pre-emption Right

This guide is written for foreign nationals who co-own a house or a flat in Türkiye with family members, a partner or friends and who no longer agree on what to do with it. It covers the Civil Code rules on co-ownership and partition, the position of heirs, the mandatory mediation step, the partition lawsuit and the co-owners' pre-emption right. Court and land registry costs, the auction procedure under enforcement law and the rules on acquiring property are outside its scope.

1. Shares in One Undivided Property: Co-Ownership Under Article 688

Article 688 of the Turkish Civil Code No. 4721 (Türk Medeni Kanunu, TMK) describes co-ownership in shares (paylı mülkiyet) as a situation in which several persons own the whole of a thing that is not physically divided, each with a defined share. Unless otherwise determined, the shares are deemed equal. A couple registered as owners of half each, or three friends holding one third each, are co-owners in this sense.

The same article gives each co-owner the rights and obligations of an owner with respect to his or her own share, and states that a share may be transferred, pledged and attached by creditors. A co-owner can therefore sell or pledge his or her own share without the others. The property as a whole is treated differently: under Article 692, dispositions over the whole of the co-owned property require the acceptance of all co-owners, unless they have unanimously agreed otherwise. One co-owner cannot sell the entire house alone.

This is the starting point for every dispute discussed below. A co-owner who wants to leave has two broad routes: sell his or her own share, which the Code allows but which may bring the other co-owners' pre-emption right into play if the buyer is a third person (Section 8), or bring the co-ownership itself to an end by partition (Sections 4 to 7).

2. Inherited Property: Heirs Own the Estate Jointly Until Partition (Articles 640, 642, 644 and 676)

Siblings who inherit a house start from a different position. Under Article 640, where there are several heirs, a community covering all rights and debts of the estate arises among them upon the passing of the inheritance and lasts until partition. The heirs own the estate jointly (elbirliği) and, subject to powers of representation or management arising from contract or law, dispose of all rights belonging to the estate together. Article 701 adds that in joint ownership the owners have no determined shares; the right of each extends to the whole of the assets.

Article 642 gives each heir the right to demand partition of the estate at any time, unless he or she is obliged by contract or by law to continue the community. Each heir may ask the civil court of peace (sulh mahkemesi) to order that particular assets of the estate be partitioned in kind or, if that is not possible, by sale. On the request of one of the heirs, the judge, taking into account the estate as a whole and each asset in it, carries out the partition, where possible by giving each immovable in its entirety to one heir; differences between the values of the immovables given to the heirs are removed by money payments so that the inheritance shares are equalised. Where immediate partition would significantly reduce the value of the asset or of the estate, the judge may, on an heir's request, decide to postpone the partition of that asset or of the estate.

Heirs can also change the form of their ownership. Under Article 676, by a partition agreement, which is valid only if made in writing, heirs may agree that joint ownership of all or some estate assets is converted into co-ownership in shares in proportion to their inheritance shares. Under Article 644, where an heir requests that conversion, the judge of the civil court of peace invites the other heirs to state any objections within a period set by the judge; if no objection justifying the continuation of joint ownership is raised, or if no heir brings a partition action within that period, the conversion is ordered. Article 703 provides that, unless otherwise provided, partition of jointly owned property is carried out under the rules on co-ownership in shares.

Our guide to making a will in Turkey looks at the earlier stage: how a property owner can provide for a house by will before the heirs have to divide it.

3. While the Dispute Lasts: Use, Costs and Exclusion of a Co-Owner (Articles 693, 694 and 696)

Ending co-ownership is not the only tool. Under Article 693, each co-owner may use and benefit from the property to the extent compatible with the rights of the others. In case of dispute, the judge determines the manner of use, and that determination may take the form of dividing the use of the property between the co-owners by time or by location. Where one sibling lives in the inherited house while the others do not, or two buyers disagree over who uses a holiday flat in which months, Article 693 is the provision that addresses the question of use.

Article 694 deals with money. Management costs, taxes and other obligations arising from the co-ownership or concerning the property are borne by the co-owners in proportion to their shares, unless otherwise provided, and a co-owner who has paid more than his or her share may claim recourse from the others in proportion to their shares. A co-owner who pays the bills alone should keep the receipts, because they are the evidence for that recourse claim.

In serious cases, Article 696 allows a co-owner to be excluded from the co-ownership by court decision. The provision applies where a co-owner, by his or her own conduct or by the conduct of persons to whom he or she left the use of the property or for whom he or she is responsible, seriously breaches obligations towards all or some of the other co-owners and thereby makes the continuation of the co-ownership unbearable for them. Unless otherwise agreed, bringing the action requires a decision by a majority of shares and of co-owners. Exclusion is a response to a particular kind of misconduct and is separate from the partition right discussed next.

4. Every Co-Owner May Demand Partition, Within the Limits of Article 698

Article 698 is the central provision. Unless there is an obligation to continue the co-ownership arising from a legal transaction or from the property having been dedicated to a permanent purpose, each co-owner may demand partition of the property. The article gives the right to each co-owner and does not tie it to the size of the share.

The co-owners can limit that right in advance, within the bounds the article sets:

• At most ten years: the right to demand partition may be limited by a legal transaction for a period of at most ten years.
• Official form for immovables: agreements on the continuation of co-ownership of immovables are subject to official form (resmî şekil) and may be annotated in the land register (tapu kütüğü).
• Not at an inappropriate time: partition may not be demanded at an inappropriate time (uygun olmayan zaman). The article does not define the expression; whether a given moment is inappropriate is assessed by the court on the facts.

For a foreign couple or a group of friends buying together, Article 698 is worth reading before the purchase. A private side letter in which the buyers promise each other not to seek partition is not an agreement in official form, and any limitation agreed by legal transaction is subject to the ten-year ceiling. Co-buyers who want stability for a set period can use the mechanism the article itself provides: a time-limited agreement in official form, annotated in the land register.

5. Mediation Comes First: Article 18/B of the Mediation Law

Article 18/B, added to the Law on Mediation in Civil Disputes No. 6325 (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu, HUAK) by Law No. 7445 of 28 March 2023, makes applying to a mediator before a lawsuit is filed a condition of the action (dava şartı) in disputes concerning the partition of movables and immovables and the ending of co-ownership (Article 18/B(1)(b)). A co-owner who goes straight to court without a mediation application does not satisfy that condition.

The article then sets rules for an agreement reached in mediation:

• Under Article 18/B(2), where the parties agree at the end of the mediation, the agreement document is drawn up taking into account the restrictions, procedures and principles laid down by law concerning the immovable.
• Under Article 18/B(3), obtaining an annotation on the enforceability of the agreement (icra edilebilirlik şerhi) is compulsory. For agreements concerning an immovable, the annotation is given by the civil court of peace (sulh hukuk mahkemesi) of the place where the immovable is located. That court reviews the content of the agreement, whether it is suitable for mediation and for enforcement, and whether the statutory restrictions, procedures and principles concerning the immovable have been observed; it may request information or documents from institutions and, where necessary, hold a hearing.
• Under Article 18/B(5), added by Law No. 7531 of 7 November 2024, where the agreement concerns the transfer of the immovable or the creation of a limited real right over it, either party may, after the enforceability annotation has been given, apply to the land registry for registration. After carrying out the review and assessment required by the legislation on immovables, the land registry carries out the registration without drawing up an official deed (resmî senet).

For siblings or co-buyers who reach a settlement, this means that an agreement providing for the transfer of the property can be reviewed by the civil court of peace where the property is located and then registered at the land registry without a separate deed being drawn up there. Whether a particular agreement is of that kind is checked by the court and by the land registry.

Where mediation ends without agreement, the co-owner who wants to end the co-ownership can turn to the court.

6. The Partition Lawsuit: Division in Kind or Sale (HMK Articles 4 and 322, TMK Article 699)

Under Article 4(1)(b) of the Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu, HMK), actions concerning the partition of movable and immovable property or rights and the ending of co-ownership are heard by the civil court of peace (sulh hukuk mahkemesi) regardless of the value or amount of the subject matter. A valuable villa and a small plot go to the same type of court. The traditional name of this action is izale-i şuyu; the statutory term is the ending of co-ownership (ortaklığın giderilmesi).

Article 699(1) TMK lists the two forms partition can take: division of the property in kind, or sale by private negotiation or by auction and division of the proceeds. The co-owners may choose between these forms by agreement. Where they cannot agree on the form, Article 699(2) and (3) direct the judge:

• Division in kind: on the request of one co-owner, the judge orders the property to be divided in kind and partitioned; where the values of the resulting parts do not correspond, money is added to the part of lower value to equalise them.
• Sale by public auction where division is not appropriate: if the request for division is not found appropriate to the circumstances, and in particular if the property cannot be divided without a significant loss of value, the judge orders sale by public auction.
• Auction among co-owners requires everyone's consent: a decision that the sale be held by auction among the co-owners depends on the consent of all co-owners.

Whether a particular house or flat can be divided in kind without a significant loss of value is a question the court assesses on the facts of the property; the Code does not answer it in advance.

Where a sale is required, Article 322(2) HMK provides that the judge appoints an officer for the sale and that the sale of movables and immovables is carried out under the provisions of the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu, İİK). The detailed auction procedure belongs to that Law and is outside the scope of this guide. Our guide to deed cancellation lawsuits in Turkey covers a different property action, used where the registration itself is challenged.

7. Agreement at Mediation, Division in Kind and Court-Ordered Sale Side by Side

The table compares the three outcomes a co-ownership dispute over an immovable can reach. Each entry follows the text of the article cited.

8. When a Co-Owner Sells a Share to a Third Person: Pre-emption After Law No. 7571 (Articles 732 to 734)

A co-owner who does not want to wait for partition may sell his or her share; Article 688 allows it. The other co-owners are protected by a statutory pre-emption right (yasal önalım hakkı). Under Article 732, where a co-owner sells all or part of his or her share in an immovable to a third person, the other co-owners may exercise the pre-emption right.

Law No. 7571 of 24 December 2025 amended the first paragraph of Article 733 and the second paragraph of Article 734. In their current wording, the rules are as follows:

• No pre-emption in certain sales: the right cannot be exercised in sales made under the State Tender Law No. 2886 or in sales by forced auction (cebrî artırma) (Art. 733(1)).
• Waiver: a waiver of the pre-emption right must be made in official form and annotated in the land register; giving up the right in relation to a specific sale is subject to written form and may be done before or after the sale (Art. 733(2)).
• Notification: the sale is notified to the other co-owners through a notary, by the buyer or by the seller (Art. 733(3)).
• Time limits: the pre-emption right lapses three months after the date on which the sale was notified to the right holder, and in any event one year after the sale (Art. 733(4)). The heading of the provision describes this as a hak düşürücü süre, a period at the end of which the right itself is lost.
• Action against the buyer: the right is exercised by bringing an action against the buyer (Art. 734(1)).
• Value and deposit: the market value of the share is determined by the judge without delay. The holder of the right must deposit that market value together with the land registry costs borne by the buyer, in cash, at the place determined by the judge so that it earns interest, within a peremptory period (kesin süre) set by the judge. If this is not done within that period, registration of the share in the holder's name cannot be ordered. The deposited amount is paid to the person entitled, with the interest earned, once the judgment becomes final (Art. 734(2)).

Two points follow for co-owners. A co-owner who receives a notary notification of a sale has a fixed window in which to act, and should be ready to deposit, in cash and within the period set by the judge, the market value fixed by the judge plus the buyer's land registry costs. A co-owner who sells to a third person should keep in mind that the buyer's position may remain open to a pre-emption claim until the time limits in Article 733(4) have run.

Whether a partition sale ordered under Article 699 is a sale by forced auction within Article 733(1) is a matter for the court; the text of Article 733(1) names sales by forced auction and sales under Law No. 2886 without listing particular proceedings.

9. Step by Step: Ending a Co-Ownership in Türkiye

The steps below follow the order in which the provisions come into play, from identifying the type of ownership to the end of a partition lawsuit or a pre-emption claim. They concern documents and decisions a co-owner can prepare; they are not a description of court practice.

1. Establish how you hold the property: a defined share in co-ownership (TMK Art. 688) or, as an heir before partition, joint ownership of the estate (TMK Arts. 640 and 701).
2. For inherited property, consider whether the heirs can agree in writing to convert joint ownership into shares, or whether an heir will ask the civil court of peace to do so (TMK Arts. 676 and 644).
3. Check for any agreement limiting partition: at most ten years, in official form for immovables, possibly annotated in the land register (TMK Art. 698).
4. While the dispute lasts, settle use and costs: the judge may determine the manner of use, and a co-owner who paid more than his or her share may claim recourse (TMK Arts. 693 and 694).
5. Apply to a mediator before any lawsuit; it is a condition of the action (HUAK Art. 18/B(1)(b)).
6. If you agree, obtain the compulsory enforceability annotation from the civil court of peace where the property is located, then apply to the land registry where the agreement concerns a transfer or a limited real right (HUAK Art. 18/B(3) and (5)).
7. If you do not agree, file the partition action before the civil court of peace (HMK Art. 4(1)(b)); the judge orders division in kind or, where division is not appropriate, sale by public auction through an appointed officer (TMK Art. 699; HMK Art. 322(2)).
8. If a co-owner sells a share to a third person, note the date of the notary notification and the date of the sale, and be ready to deposit the market value and the buyer's land registry costs in cash within the period set by the judge (TMK Arts. 733 and 734).

Each of these points is easier to handle with the documents in front of you: the land registry record, any agreement among the co-owners, the certificate of inheritance for inherited property and any notary notification of a sale. Buyers who are about to purchase together can read our guide to real estate due diligence in Turkey and consider, before signing, whether a time-limited agreement under Article 698 suits them.

Frequently Asked Questions

Can a co-owner be made to stay in a co-ownership in Türkiye?

Under Article 698 of the Civil Code, each co-owner may demand partition unless there is an obligation to continue the co-ownership arising from a legal transaction or from the property having been dedicated to a permanent purpose. The right may be limited by a legal transaction for at most ten years; for immovables such an agreement is subject to official form and may be annotated in the land register. Partition may not be demanded at an inappropriate time.

Do we have to go to mediation before a partition lawsuit?

Yes. Article 18/B(1)(b) of the Mediation Law No. 6325 makes applying to a mediator before a lawsuit is filed a condition of the action in disputes concerning the partition of movables and immovables and the ending of co-ownership.

What happens if we reach an agreement at mediation?

The agreement document is drawn up taking into account the statutory restrictions, procedures and principles concerning the immovable (Article 18/B(2)). An enforceability annotation is compulsory and, for agreements concerning an immovable, is given by the civil court of peace where the immovable is located (Article 18/B(3)). Where the agreement concerns the transfer of the immovable or the creation of a limited real right, a party may then apply to the land registry, which registers it without an official deed after its own review (Article 18/B(5)).

Which court hears a partition lawsuit?

Under Article 4(1)(b) of the Code of Civil Procedure, actions concerning the partition of property and the ending of co-ownership are heard by the civil court of peace regardless of the value of the subject matter. For the partition of an estate among heirs, Article 642 of the Civil Code also refers to the civil court of peace.

Will the court divide the house or sell it?

Under Article 699 of the Civil Code, where the co-owners cannot agree on the form of partition, the judge orders division in kind on the request of one co-owner, with money added to a part of lower value. If division is not found appropriate, in particular where the property cannot be divided without a significant loss of value, the judge orders sale by public auction. Where a sale is required, the judge appoints an officer and the sale follows the Enforcement and Bankruptcy Law (HMK Article 322(2)).

Can the auction be held among the co-owners alone?

Article 699(3) provides that a decision for the sale to be held by auction among the co-owners depends on the consent of all co-owners.

Can one co-owner sell the whole property without the others?

No. Under Article 688 a co-owner may transfer, pledge or have attached his or her own share. Under Article 692, dispositions over the whole of the co-owned property require the acceptance of all co-owners, unless they have unanimously agreed otherwise.

My co-owner sold a share to someone outside the family. Can I take it over?

Under Article 732, where a co-owner sells all or part of a share in an immovable to a third person, the other co-owners may exercise the pre-emption right. The sale is notified to them through a notary, and the right lapses three months after that notification and in any event one year after the sale (Article 733(4)). The right is exercised by an action against the buyer; the holder must deposit, in cash and within the peremptory period set by the judge, the market value fixed by the judge and the buyer's land registry costs (Article 734). The right cannot be used in sales by forced auction or under Law No. 2886 (Article 733(1)).