Litigation For The Dissolution Of Joint Ownerships Under Turkish Law

Litigation for the dissolution/elimination of joint ownership of properties, also called  partition lawsuits ('izale-i suyu davalari' in Turkish), are type of cases that arise as a result of the will of any joint owner to dissolve the co-ownership status over a movable or immovable property subject to co-ownership or joint ownership without the need for a justified reason. This type of lawsuits are one of the most common in Turkey in line with the ownership shares within the scope of inheritance law. When the joint-owners "owners" wish to dissolve the existing joint ownership and actually share the property; they may choose to share it consensually by executing an agreement among themselves. However, if the agreement option is not possible, each of the owners has the right to ask for the division of such assets according to Article 698/1 of the Turkish Civil Code (TMK) No. 4721. Such right for seeking dissolution of joint ownership is inherent within the share and there