Judicial Dissolution of an Inheritance Community in Turkey

Judicial Dissolution of an Inheritance Community in Turkey

What happens to jointly inherited real estate?

When a person passes away, their heirs automatically form an inheritance community under Turkish Civil Law in regard to any real estate included in the estate. In this joint ownership structure, all heirs hold undivided shares in the entire property—even though no fractional ownership is recorded in the land registry. No single heir has the right to unilaterally sell, lease, encumber, or make decisions about the property.

If the heirs cannot reach a mutual agreement—whether regarding use, management, or sale of the property—any co-heir may apply to the court in Turkey for a judicial partition of the inheritance community by filing a partition lawsuit ("İzale-i Şuyu").

What Does Undivided Ownership Mean?

Under the Turkish law of inheritance, the heirs become co-owners of the entire estate property, without each having clearly defined shares in the land registry.

🔹 The property is owned collectively by the inheritance community.

🔹 No heir can sell, lease, or mortgage the property alone.

🔹 Any disposition requires unanimous consent of all co-heirs.

This legal construct often leads to deadlock, disputes over usage, and unfair advantage for certain heirs.

How Does the Judicial Dissolution of an Inheritance Community Work?

If no amicable agreement can be reached, any heir may file a partition lawsuit at the competent Civil Court of Peace in Turkey. The purpose is to dissolve the inheritance community and clarify ownership rights.

There are two possible judicial outcomes:

·       Physical Partition ("Aynı Taksim"): If the property is divisible—such as vacant land—it may be physically split among the heirs.

·       Sale and Distribution of Proceeds: If physical partition is not feasible—e.g., in the case of a house or apartment—the court usually orders a public auction. The proceeds are then distributed proportionally among the heirs.

📌 In practice, residential properties are commonly sold via judicial auction (compulsory sale), and the proceeds are shared.

How Can Heirs Living Abroad Initiate the Procedure?

Heirs residing in Germany, Austria, Switzerland, or other countries can initiate and conduct the entire process without traveling to Turkey, through a legally authorized representative.

📌 A power of attorney, issued at a notary or Turkish consulate, is sufficient.

📌 Personal presence in Turkey is not required.

📌 Required documents include the certificate of inheritance ("Veraset İlamı"), land registry records, and details of the property.

Conclusion: Legal Clarity Through Judicial Partition

At first glance, an inheritance community may seem like a fair and cooperative solution. In reality, it often results in years of conflict, legal uncertainty, and financial loss.

Filing a partition lawsuit ("İzale-i Şuyu") is an effective legal remedy to establish clear ownership and prevent future disputes.

📞 If you are unable to amicably divide inherited real estate in Turkey, we are here to support you. With a power of attorney from abroad, the procedure can be initiated efficiently and smoothly.