Can a foreign co-owner compel the sale (partition) of a Turkish property, and what is the court process like?

Yes. Under the Turkish Civil Code, any co-owner—regardless of nationality—may request dissolution of co-ownership, which the court carries out by partition in kind if feasible or by sale and distribution of proceeds if division is impractical. [1]

Legal Basis and Who Can File

Turkish law distinguishes between co-ownership by shares (paylı mülkiyet) and joint ownership (elbirliği mülkiyeti). In either structure, a co-owner is entitled to seek the dissolution of co-ownership. The Turkish Civil Code No. 4721 provides that any co-owner may demand termination of co-ownership; if an agreement to postpone this right exists, it is valid for a maximum of ten years. [1] There is no nationality restriction in these provisions, so foreign and Turkish co-owners have the same standing to apply. [1] These lawsuits are commonly known in practice as “action for dissolution of co-ownership” (ortaklığın giderilmesi davası), historically also referred to as “izale-i şuyu.” The court with subject-matter jurisdiction is the civil peace court (Sulh Hukuk Mahkemesi). [2] Because the case concerns a property right over an immovable, venue is mandatory at the court where the property is located. [2]

How the Court Decides: Partition in Kind vs. Sale

The court first examines whether the property can be divided in kind (aynen taksim) without destroying or materially reducing its value and utility. [1] If distinct, usable parts can be formed—such as separate parcels or separately usable independent sections—the court may order partition in kind and update the land registry accordingly. [1] If division in kind is not possible or would cause significant loss of value, the court orders sale by auction and distributes the net proceeds to the co-owners in proportion to their registered shares. [1] The sale is conducted under the Enforcement and Bankruptcy Law No. 2004, which sets the framework for judicial auctions, including valuation, announcement, bidding, and completion of the auction. [3] Judicial sales of immovables are now carried out through the electronic sales system (e-Satış) managed under regulations issued by the Ministry of Justice, which govern online announcements, bid submission, and auction finalization. [4]

Procedure, Representation, and Evidence

An action for dissolution of co-ownership is filed as a civil case before the competent civil peace court at the property’s location, identifying all co-owners as parties and attaching the land registry extract (tapu kayıt örneği). [2] The court may appoint a surveyor or valuation expert where necessary to assess whether partition in kind is possible and to determine the property’s market value for auction parameters. [2][3] Foreign co-owners may appear in person or act through a licensed Turkish attorney with a power of attorney (vekaletname). A power of attorney issued abroad typically must be notarized and bear an apostille under the 1961 Hague Convention, or be legalized through Turkish consular channels if the issuing country is not a party to the Convention. [5] If partition in kind is ordered, the court’s decision is sent to the land registry for registration of new parcels or independent units. [1] If sale is ordered, the file proceeds to the enforcement office for auction steps governed by the Enforcement and Bankruptcy Law and the applicable electronic auction regulation. [3][4]

Auction Mechanics and Distribution of Proceeds

For a court-ordered sale, the enforcement office obtains or confirms an expert valuation to set the base price and publishes the auction announcement on the e-Satış portal within the statutory timelines. [3][4] Bidders submit deposits and place bids electronically, and the sale is awarded to the highest eligible bidder once legal requirements are met. [4] After the auction is finalized and any objections resolved, the sale proceeds are used to pay auction costs and lawful charges, with the balance distributed among co-owners according to their registered shares. [3] The transfer of title to the successful bidder is completed at the land registry upon payment of the title deed fee (tapu harcı). Under the Fees Law, the title deed fee for a sale is 4% of the declared value, collected from the parties in the manner prescribed by law and administrative practice. [6] The General Directorate of Land Registry and Cadastre confirms the total title deed fee rate of 4% for immovable sales. [6]

Key Restrictions, Agreements, and Practical Points

Co-owners may enter into a valid agreement postponing the right to request dissolution of co-ownership, but the Turkish Civil Code limits such an agreement to a maximum of ten years. [1] If such an agreement exists and is duly proven, the court will respect it for the agreed term. [1] The court will not order partition in kind where division would create non-functional or non-compliant parcels under zoning or condominium law; in such cases, sale and distribution is the lawful route. [1][2] The lawsuit must include all co-owners; missing or unknown parties may be represented through notices and, if necessary, a court-appointed trustee, in line with procedural rules to protect due process. [2] Because this process can affect property rights and carries procedural deadlines in the auction phase, parties commonly engage licensed attorneys to manage filings, evidence, and potential objections. This information is general and does not replace advice from a licensed attorney for your specific case.

Timelines and Outcomes

The law does not prescribe a fixed duration for dissolution-of-co-ownership cases. Case length depends on factors such as the need for expert reports, the number of parties, service of process on abroad-resident co-owners, and the chosen method of dissolution. [2] Once a sale is ordered, the auction proceeds under the timeframes stated in the Enforcement and Bankruptcy Law and the electronic auction regulation, which set periods for valuation, notice, bidding windows, and finalization. [3][4] After completion of sale and deduction of lawful costs, distribution is made to co-owners according to their shares as recorded in the land registry, concluding the dissolution of co-ownership. [1][3] Where a buyer acquires title at auction, the land registry records the transfer upon submission of the finalized auction documents and payment of the title deed fee. [6]

Summary

Foreign co-owners have the same legal right as Turkish citizens to demand the dissolution of co-ownership in Turkey. The civil peace court decides whether partition in kind is feasible; if not, it orders judicial sale and distribution of proceeds. Jurisdiction lies with the property’s local civil peace court, and auctions are conducted under the Enforcement and Bankruptcy Law through the e-Satış system. Parties should plan for expert valuations, procedural steps, and transaction charges, including the title deed fee on transfer, and obtain tailored legal advice where necessary.

Related Questions:
– Q11 (What documents prove co-ownership and shares in the Turkish land registry?)
– Q15 (How do electronic judicial auctions (e-Satış) of real estate work in Turkey?)
– Q18 (Can co-owners agree to block a sale, and for how long under Turkish law?)
– Q22 (How are proceeds divided after a court-ordered property sale in Turkey?)

References:
[1] Official Gazette (Resmi Gazete). “Turkish Civil Code No. 4721.” https://www.resmigazete.gov.tr/eskiler/2001/12/20011208.htm
[2] Official Gazette (Resmi Gazete). “Code of Civil Procedure No. 6100 (HMK).” https://www.resmigazete.gov.tr/eskiler/2011/02/20110204-1.htm
[3] Official Gazette (Resmi Gazete). “Enforcement and Bankruptcy Law No. 2004.” https://www.resmigazete.gov.tr/arsiv/2128.pdf
[4] Republic of Türkiye Ministry of Justice. “Electronic Sales (e-Satış) Portal and Procedures.” https://esatis.uyap.gov.tr/
[5] Republic of Türkiye Ministry of Foreign Affairs. “Apostille and Legalization Procedures.” https://www.mfa.gov.tr/apostille.en.mfa
[6] General Directorate of Land Registry and Cadastre (TKGM). “Title Deed Fees (Tapu Harcı) for Real Estate Sales.” https://www.tkgm.gov.tr/

Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.