Partition of Co-Ownership (İzale-i Şuyu) Guide

What Is Partition of Co-Ownership (İzale-i Şuyu)? How Is an Inherited House Sold?

If co-owners cannot agree on a jointly owned property, the court orders partition. If the property cannot be physically divided, it is generally sold and the proceeds shared.

Short answer: Partition of co-ownership (izale-i şuyu) means asking the court for a division when co-owners of a property owned by several people cannot agree. If the property cannot be physically divided, the court orders division by sale and the sale price is divided among the co-owners (TMK art. 698).

When is it applied for?

When heirs cannot agree on an inherited house or plot.
When ways part in a property bought together.

Solutions

Agreed division. One co-owner buys the other co-owners' shares.
Physical division. If the property can be divided, each co-owner is given a separate part.
Partition by sale. The court orders a sale by auction.

Legal process: the court

Points to note

Court time and costs must be taken into account.
The sale price may fall below market value; so an agreed solution is often advantageous.
Valuation report. Obtain a valuation to see the property's true value. For details, see our article valuation report.

Frequently asked questions

Is the consent of all co-owners needed to file the lawsuit?

No; each co-owner can file alone.

Can a co-owner sell their share?

They can transfer their share in the land registry; get legal support on the details and pre-emption rights.

Is a rented property sold?

The court takes the tenancy into account; the tenant's rights are protected.

Sources: mevzuat.gov.tr · adalet.gov.tr

This article is for general information only and is not legal advice; legislation and practice may change. Compiled as of October 2026. For your specific case, contact us or consult a lawyer.