Co-ownership · Teilungsklage
Dissolution of Co-ownership (İzale-i Şüyu) Action — End Your Property Co-ownership from Germany
If you cannot reach an agreement with your siblings over an inherited property, with your former spouse after a divorce, or with the other co-owners of a joint investment: we end the co-ownership of your jointly held property through the courts and collect the amount due for your share — while you remain in Germany.
What is a dissolution of co-ownership action?
Dissolution of co-ownership (formerly known as izale-i şüyu) is the court-ordered termination of the co-ownership of a property held by more than one person in co-ownership or in joint ownership, within the framework of the co-ownership provisions of the Turkish Civil Code. It typically arises in the following situations:
- Properties owned jointly with siblings or other relatives through inheritance,
- Real estate remaining in co-ownership with a former spouse after divorce,
- Properties acquired for joint investment purposes that later become the subject of a dispute.
Two methods of dissolution: sale or partition in kind?
| Criterion | By sale | Partition in kind (taksim) |
|---|---|---|
| What happens? | The property is sold by public auction; the proceeds are distributed according to the shares | The property is physically divided; each co-owner receives an independent unit |
| When is it applied? | The most common method in practice | Only for properties that can be physically divided (e.g. a large plot of land) |
| Apartment flat? | Yes — the typical scenario | Often not actually possible |
| Who determines the value? | A court-appointed expert (market value) | The expert reports on divisibility and the equivalence of shares |
The case process step by step
Statement of claim and service of process
The action is filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi) of the place where the property is located; service of process is made on all co-owners. For co-owners abroad, the international service of process procedure is applied.
Obtaining the records
The property's title deed record and zoning status are obtained by the court.
Panel of court-appointed experts
A panel is usually appointed, consisting of a lawyer, a civil engineer/architect and a real estate valuation specialist.
On-site inspection and report
The court-appointed expert inspects the property on site and reports on its market value and divisibility. You have the right to object to the report.
Court decision
The court decides in favour of either sale or partition in kind.
Public auction
If a decision to sell has been made, the sale is carried out by public auction through the enforcement office (satış memurluğu/icra).
Distribution of the proceeds
The sale proceeds are paid to all co-owners according to the share ratios recorded in the title deed.
Handling the case from Germany
With a duly authorized power of attorney issued at a Turkish consulate or before a German notary, all of the following are carried out by us:
- Preparation of the statement of claim and filing of the action
- Representation at hearings
- Objection to the court-appointed expert's report
- Following the public auction and sale proceedings
- Collection of the amount due for your share from the sale proceeds
Hearing dates, the findings of the court-appointed expert's report and the sale stages are communicated to you immediately in Turkish and German.
Duration and cost
The duration of the action varies between 8 and 18 months, depending on the court's caseload and the location of the property. The main cost items are:
- Court fees and service of process expenses (proportional to the value in dispute)
- Court-appointed expert's fee (depending on the nature of the property)
- On-site inspection expenses
- Attorney's fees
FAQ
Frequently asked questions about dissolution of co-ownership
Can I file the action without the consent of the other co-owners?
Yes. Each co-owner has the right to file the action without the consent of the others; this right is guaranteed by the Turkish Civil Code.
How are the proceeds from the sale distributed?
They are distributed to all co-owners according to the share ratios recorded in the title deed. Even if you were the one who filed the action, the other co-owners receive a share in proportion to their own shares; the outcome binds everyone.
How do I follow the process from Germany?
You are kept regularly informed in Turkish and German throughout the entire process: hearing dates, the court-appointed expert's report and the sale stages are communicated immediately by WhatsApp, email or video call.
Will the sale price be fair, and who determines it?
The price is determined by an independent court-appointed expert. At the first public auction, the property may be sold for at least 50% of the expert's valuation; if no buyer comes forward, this ratio decreases at the second auction. If we believe the value has been assessed too low, we object to the report.
What happens if I "lose" the action?
This is not, in technical terms, an action that is won or lost; it is a constitutive action (yenilik doğurucu dava). The court examines divisibility and decides on the appropriate method of dissolution — in the end, the co-ownership is terminated in any event.
Unable to agree with the other co-owners? Let's talk.
Send us your title deed information; let us assess the situation of your property, the estimated duration and the cost items in a free initial consultation. With a power of attorney, we can start the process from Germany straight away.
- Phone+90 536 089 76 94
- WhatsApp+90 536 089 76 94
- Email[[email protected]]