An olive grove inherited through succession, a plot of land that cannot be divided, or an apartment to which multiple heirs hold rights… A partition action (formerly known as “izale-i şuyu”) is the most fundamental legal means of dividing movable and immovable property over which co-owners cannot reach an agreement. Particularly in regions where real estate values are high—such as Bodrum, Datça, Marmaris, Milas, Fethiye, Yatağan, and Kavaklıdere —disputes arising from joint ownership are quite common. In this guide, we discuss in detail the legal basis for the lawsuit, the methods of division, the competent court, and the mandatory mediation requirement effective after 2023.
What Is the Dissolution of a Partnership?
An action to dissolve co-ownership is a type of legal action aimed at terminating co-ownership of property subject to shared or joint ownership and converting the property into individual ownership. Pursuant to Article 698 of the Turkish Civil Code (TMK), each co-owner may request the division of the property, provided there is no legal impediment. This right can be exercised at any time, as the right to request partition is not subject to a statute of limitations.
The case is of a nature that recognizes both parties as having valid claims; that is, the distinction between plaintiff and defendant is not made in the traditional sense. The objective is not to rule in favor of one party, but to dissolve the partnership. For this reason, litigation costs and attorney’s fees are also allocated in proportion to the parties’ shares.
Who Can File a Lawsuit?
In joint tenancy, each co-owner, and in tenancy in common, each partner—for example, any of the heirs—may file a lawsuit on their own. The size of the share does not affect the right to file a lawsuit; even a co-owner with a very small share may request the dissolution of the co-ownership. The defendants must consist of all other co-owners; otherwise, the lawsuit will be dismissed on procedural grounds.
The Difference Between Joint Ownership and Undivided Co-ownership
In joint ownership, each co-owner holds a specific share (for example, 1/4) and may dispose of that share. In joint tenancy—of which an inheritance partnership is the most typical example (Turkish Civil Code, Art. 640 et seq.)—although the share ratios are specified, the co-owners may dispose of the property only jointly. Each heir may, at any time, request the partition of the estate pursuant to Turkish Civil Code, Art. 642; a lawsuit to dissolve the partnership ensures that the partition is carried out by a judge.
Methods of Distribution: Distribution by Equal Division and by Sale
Article 699 of the Turkish Civil Code provides for two forms of division:
1. Exactly Like Taksim (Exactly Like the Split)
This involves the physical division of the property and its distribution among the co-owners. The court assesses, through an expert, whether the real property can be divided in kind. If a difference in value arises between the shares as a result of the division, this difference is settled with money (compensation/equalization payment). Division in kind is particularly relevant for large agricultural lands and olive groves where zoning regulations permit subdivision. However, due to zoning regulations regarding minimum parcel size or building integrity, division in kind is not possible for most coastal plots.
2. Distribution Through Sale
If an equal division is not possible, or if the co-owners cannot reach an agreement on this matter, the property is sold at auction and the proceeds are distributed in proportion to their shares. Following a court ruling, the sale is conducted by a court-appointed auctioneer or through the enforcement office. Whether the sale is restricted to the co-owners or open to the public is determined based on the request. In practice, the majority of high-value real estate is distributed using this method.
Disputes Over Improvements (Buildings/Trees): If a building, outbuilding, or trees (such as olive or citrus trees) have been constructed or planted on the property by a co-owner, the ownership of these improvements is determined separately. The share of the sale price corresponding to these items is allocated first and foremost to the owner of the improvements. This issue is often a deciding factor for properties with gardens in Bodrum and Datça.
Competent and Authorized Court
The court with jurisdiction over actions to dissolve a partnership is the Conciliation Court (HMK Art. 4/1-b). In cases involving real property , the court with jurisdiction is the court where the property is located (HMK Art. 12). This rule of jurisdiction is mandatory; the parties cannot designate a different court as having jurisdiction. Consequently, a lawsuit concerning real property in Bodrum must be filed with the Bodrum Magistrates’ Court, a lawsuit concerning land in Milas with the Milas Magistrates’ Court, and a lawsuit concerning a parcel in Datça with the Datça Magistrates’ Court. If multiple properties are located in different judicial districts, a separate lawsuit may be required for each property.
Mandatory Mediation as a Prerequisite for Litigation (2023 Amendment)
Pursuant to the provisions introduced by Law No. 7445, which entered into force on September 1, 2023, actions for the dissolution of a partnership (regarding the division of movable and immovable property and the dissolution of the partnership) are now subject to mandatory mediation as a prerequisite for filing a lawsuit. In other words, it is mandatory to have sought mediation before filing a lawsuit; otherwise, the lawsuit will be dismissed on procedural grounds for failure to meet the prerequisite.
If the parties involved in the mediation process can reach an agreement on how to divide the estate, the dispute is resolved without the need to file a lawsuit, and the settlement agreement is enforceable as a court judgment. If no agreement is reached, the case proceeds to court along with the final minutes. This stage can offer advantages in terms of both time and cost, particularly in cases involving a large number of heirs.
Why Is Dissolution of Partnerships So Common in Muğla?
Muğla is one of the provinces in Turkey where the highest number of partition lawsuits are filed. At the root of this lies coastal and agricultural land that has been passed down to heirs through generations and whose value has multiplied in recent years. When an olive grove or field—once considered worthless—is transformed into high-value land due to urban development and tourism pressures, disputes among co-owners end up in court.
In Bodrum and the surrounding area, joint ownership of inherited plots of land in settlements such as Yalıkavak, Gümüşlük, Turgutreis, Göltürkbükü, Bitez, and Ortakent is frequently the subject of litigation. On the Datça Peninsula, real estate such as vineyards, gardens, and olive groves in neighborhoods and villages like Söğüt, Mesudie, Reşadiye, and Palamutbükü account for a significant portion of partition lawsuits because they cannot be divided among the numerous heirs.
In the Marmaris district —including İçmeler, Turunç, Selimiye, and Bozburun; in the Fethiye area —including Göcek, Ölüdeniz, and Kayaköy; and in the Milas region —including Ören and Güllük —disputes over co-ownership are particularly prevalent in these high-tourism areas. In addition, requests to dissolve co-ownership regularly arise regarding agricultural lands and family properties in Yatağan, Kavaklıdere, Köyceğiz, Ula (Akyaka), Ortaca (Dalyan), Dalaman, Seydikemer, and the area surrounding the provincial capital of Menteşe.
Another characteristic of the region is the presence of foreign stakeholders. In particular, in cases involving real estate where European buyers have acquired shares, issues related to service of process, power of attorney, and authority can make the case technically more complex; in such situations, it is crucial to structure the process correctly from the outset.
Litigation Process and Duration
The process generally consists of the following stages: filing for mandatory mediation; if an agreement cannot be reached, filing a complaint with the Conciliation Court; identifying the parties and stakeholders; evaluating the property through an on-site inspection and expert examination; determining whether an in-kind division is possible; and, finally, rendering a decision regarding sale or division. Once the decision becomes final, the process moves to the sale phase. Depending on the volume of the case, the number of co-owners, and the nature of the property, the process generally takes between one and two years.
Litigation Costs and Attorney’s Fees
In a lawsuit to dissolve a co-ownership, the costs—including the costs of inspection, expert witness fees, court fees, and attorney’s fees—are generally allocated to the co-owners in proportion to their shares. The co-owner who files the lawsuit is not required to bear all the costs alone, because the outcome of the lawsuit benefits all co-owners. In the case of a division of property through sale, the proportional court fee is levied on the sale price.
Frequently Asked Questions
Can a single stakeholder file a lawsuit?
Yes. No matter how small the share, each shareholder may file a lawsuit to dissolve the partnership on their own.
Can real estate be sold even if the other stakeholders do not want it sold?
If division is not possible and the parties cannot reach an agreement, the court may order the property to be divided through a sale, even if one of the parties objects.
Can a lot with a house on it be divided?
Yes. The presence of a structure on the property does not prevent its division; however, the ownership and value of the structure (improvement) must be separately determined and taken into account in the distribution of the proceeds.
Can a lawsuit be filed without first going through mediation?
No. As of September 1, 2023, mediation is a prerequisite for lawsuits seeking the dissolution of a partnership; any lawsuit filed without first undergoing mediation will be dismissed on procedural grounds.
Attorney Specializing in Dissolution of Partnerships in Bodrum and Throughout Muğla
Throughout Muğla—particularly in Bodrum, Datça, Milas, Marmaris, Yatağan, and Kavaklıdere—we handle the entire process in partition (izale-i şuyu) cases involving inherited or real estate-related co-ownership, from identifying the co-owners to the sale phase. Please contact Özgün Law and Consulting for an assessment tailored to the specific circumstances of your property and to develop a litigation strategy.
This content is for general informational purposes only and does not constitute legal advice. It is recommended that you seek professional guidance regarding the specific circumstances of each case.