An inherited house, field or shop becomes jointly owned by the heirs, either in shared ownership (paylı mülkiyet) or in joint ownership (elbirliği mülkiyeti). When one co-owner wants to sell, another wants to use it and a third wants to let it, the property often ends up being of use to no one. In that case every co-owner can ask for partition (ortaklığın giderilmesi) (Turkish Civil Code (TMK) art. 698). Unless the co-owners have agreed otherwise or the request is made at an inappropriate time, this right can be exercised at any time.
Applying to a mediator first is mandatory
Since 1 September 2023, in disputes concerning the division of movable and immovable property and partition, applying to a mediator before filing a lawsuit is a precondition for the lawsuit (Mediation in Civil Disputes Law (HUAK) art. 18/B). A lawsuit filed without first applying to a mediator is dismissed on procedural grounds.
If agreement is reached in mediation, the agreement must be given an annotation of enforceability (icra edilebilirlik şerhi) by the civil court of peace (sulh hukuk mahkemesi) where the property is located. With the annotated agreement, registration can be requested from the land registry office without the need for a separate official deed.
How is the case heard?
If no agreement is reached, the lawsuit is filed at the civil court of peace (sulh hukuk mahkemesi) where the property is located. All co-owners must be parties to the case. If the land registry record is still in the name of the deceased, a certificate of inheritance (mirasçılık belgesi) is obtained first, and the shares are determined according to that certificate.
The court carries out an on-site inspection (keşif) and has the value of the property determined by an expert. It then chooses one of two routes:
- Physical division (aynen taksim): If the property can be divided without a significant loss of value, it is physically divided in proportion to the shares. Under the law, this is the preferred route (TMK art. 699).
- Sale: If division is not possible or would reduce the economic value, the court orders the property to be sold at public auction and the proceeds to be distributed in proportion to the shares. In practice this is the most common outcome.
Once the judgment becomes final, the sale is conducted by the sales office (satış memurluğu) within the enforcement office (icra dairesi), on the electronic sales portal. Co-owners may also take part in the auction. In addition, in forced auction sales, co-owners cannot exercise a right of pre-emption (şufa) (TMK art. 733).
New: the first auction is held among the heirs only
The amendment that entered into force on 31 July 2026 introduced a special procedure for inherited property in art. 114 of the Enforcement and Bankruptcy Law (İİK):
- Scope: All owners of the property must have acquired their shares by inheritance, and no third party other than the heirs may hold an ownership share in the property.
- The first auction is closed: Only the heirs who are owners can take part in the first auction.
- The minimum bid is 100% of the appraised value: In this auction, the bid must cover the full value set by the expert (and the costs of sale).
- It applies only once: This procedure is applied a single time. If there is no buyer at the first auction, the second auction is open to everyone and starts at 50% of the appraised value.
The aim of this rule is to prevent family property from going to an outside buyer at a low price and to give priority to an heir who wants to acquire the property. For auctions announced before the amendment, the old provisions continue to apply.
Sanction for a bidder who lodges security but does not pay the price: To take part in the auction, security equal to 10% of the appraised value is deposited. The security of a person who makes the highest bid but does not pay the auction price in time is not returned; if that person is a co-owner, the entire security is paid to the other co-owners in proportion to their shares. In addition, an administrative fine of 5% of the bid amount is imposed. This rule aims to prevent bids made merely to drag out the auction.
Costs
In partition lawsuits, court costs and the attorney fee are, as a rule, shared among the co-owners in proportion to their shares. The costs of sale are deducted from the sale proceeds first, and the remainder is distributed according to the shares.
Practical tips
- Thanks to the new procedure, an heir who wants to keep the property gains priority at the first auction. Financing to cover the full appraised value needs to be planned in advance.
- The value set by the expert determines both the floor for the sale and the amount the heir will pay. It is therefore important to object to the valuation report in time.
- The mediation stage is the best time for flexible solutions, such as one co-owner taking over the property by buying out the others’ shares.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.