Actions for Dissolution of Co-ownership

An action for dissolution of co-ownership seeks to end joint or shared ownership of movable or immovable property. Where the co-owners cannot agree on how to divide the property, each co-owner may, as a rule, ask for the co-ownership to be dissolved.

An important procedural development is mandatory mediation before filing suit. Since 1 September 2023, applying for mediation has been a procedural requirement in disputes concerning dissolution of co-ownership. Going straight to court without that step may lead to a procedural dismissal.

Mediation lets the parties discuss options such as division in kind, one co-owner acquiring the others' shares, a sale or distribution of the proceeds. An agreement concerning immovable property must comply with mandatory property-law rules. It also requires an endorsement of enforceability from the Civil Court of Peace (Sulh Hukuk Mahkemesi), which reviews the agreement and the statutory conditions.

If no agreement is reached, an action may be filed before the competent Civil Court of Peace. The court first considers whether division in kind is possible. If not, the property may be sold and the proceeds distributed according to the parties' shares. All co-owners should be included, and current land registry and inheritance records, inspection and valuation may be required.

This article is for general information only. The type of property, ownership structure and special statutory restrictions may change the result.