What is a Partition Lawsuit (Termination of Joint Ownership)?
A partition lawsuit, also known as termination of joint ownership (İzale-i Şuyu), is a case filed by any co-owner of movable or immovable property when the co-owners cannot agree on how to divide the property. In such a case, one of the co-owners requests the court to divide the property.
The termination of joint ownership (İzale-i Şuyu) can be carried out by two methods: either by partitioning the property in kind (physical division) or by terminating the joint ownership through sale.A partition lawsuit (İzale-i Şuyu) is filed against all co-owners of the property in question. Each co-owner may file a lawsuit to terminate the joint ownership or tenancy in common and end the partnership.
As stated in Article 698 of the Turkish Civil Code:
“Unless there is an obligation to continue joint ownership due to a legal transaction or because the jointly owned property is allocated for a permanent purpose, each co-owner may request the division of the property.”
What is Termination of Joint Ownership by Physical Partition (İzale-i Şuyu)?
In partition lawsuits, if the conditions are appropriate, the joint ownership can be terminated by physical partition, meaning the property is divided and distributed to the co-owners as it is. The court is bound by the request for physical partition in its decision.
For movable property, physical partition can only be applied if each co-owner receives the same type of property. It is not possible to divide different types of movable property by physical partition. For example, one co-owner cannot receive wheat while another receives barley.
In the case of immovable property, the judge may decide to divide and allocate the property as is upon the request of one of the co-owners. However, for physical partition to be possible, the characteristics of the immovable property must be suitable for such division. If physical partition would cause a significant loss in the property’s value, or if the property’s size, nature, or zoning regulations prevent physical partition, then termination of joint ownership by physical partition cannot be decided.
The parts of the property divided by physical partition must be equivalent to each other. If equivalence cannot be achieved, compensation in money can be added to the deficient part to ensure equality.
What is Termination of Joint Ownership by Sale (İzale-i Şuyu)?
In cases where physical partition of the immovable property is not possible, the court may decide to terminate the joint ownership by sale upon request. As a general rule, the sale is conducted through an auction. However, if all co-owners unanimously agree, the sale may be conducted exclusively among the co-owners.
Which court has jurisdiction over a Partition Lawsuit (İzale-i Şuyu)?
In partition lawsuits, the competent court is the civil court of peace. According to the Code of Civil Procedure, the civil court of peace in the province or district where the immovable property subject to the partition lawsuit is located has jurisdiction.
Antalya Lawyer – Antalya Commercial Lawyer
A Partition Lawsuit (İzale-i Şuyu) is a process that requires experience. To prevent loss of rights and time, it is essential to seek assistance from a professional lawyer specialized in this field during the partition process.
Our law office provides you with professional support and services in the field of Real Estate Law.
