The main legislation related to the Elimination of Joint
Ownership is Turkish Civil Code numbered 4721 and dated 22.11.2001
("TCC"). Although there are two kinds of
joint ownership according to the TCC, the same articles applied for
the elimination of the ownership.
The main aim by filing this case is ending the joint ownership
between the owners of a real estate by a court decision. The
pre-condition of the case is the real estate to be registered in
the land registry.
Who can file the case?
According to the Article 698 of the TCC each joint owner of the
real estate can file the case in order to eliminate the joint
Is there any limitation to file the case?
In case the real estate is allocated permanently for a certain
purpose or there is an agreement between the owners which forbids
the elimination, the owners cannot file the case. Additionally
according to the Article 698 of the Article the case cannot be
filed at an improper time. The Code does not define the improper
time but since the elimination may be executed by selling the real
estate, it can be considered as the time when the market value of
the real estate is lower than usual. Pursuant to the TCC, the
parties can forbid the elimination at the most for 10 years and the
agreement should be executed in official form required by the land
Which court has jurisdiction in such cases?
According to the Article 4 of the Civil Procedure Law numbered
6100 and dated 12.01.2011, the cases related to the elimination of
the joint ownership should be filed before the Civil Court of Peace
(Sulh hukuk mahkemesi in Turkish) where the real estate is
What can the plaintiff claim in the case?
The plaintiff can ask either for the partition of the real
estate or sale by auction or negotiation of the real estate. In
case of partition, the court checks whether the partition is
applicable and doable for the specific case. If partition can be
made, then the court should decide on partition and cannot decide
the real estate to be sold. The Article 699 stipulates that the
court decides to equalization by making payment in case there is a
difference between the values of the divided parts.
According to the Article 699 of he TCC, in case it is determined
that the partition is not applicable or that the value of the real
estate will decrease significantly by partition, the court decides
the real estate to be sold by auction. In principle the auction is
public but depending on all owners' consent the auction can be
made only between the owners. The sale price is shared according to
the share proportion of the owners.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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