Dissolution of Partnership (İzale-i Şüyu) in Turkey 2026

Sharing a property (a house, land, or field) with others—whether due to inheritance or joint investment—can be a nightmare if the partners cannot agree. One partner wants to sell, the other wants to rent, and another wants to do nothing.

In Turkish Law, “No one is forced to remain in a partnership.” (TMK 698). If you cannot agree, any partner (even with a 1% share) can file a “Dissolution of Partnership Lawsuit” (Ortaklığın Giderilmesi / İzale-i Şüyu) to force a resolution.

1. Two Ways to End Partnership

The court resolves the dispute in one of two ways:

A. Division in Kind (Aynen Taksim)

The preferred method. The court physically divides the property.

• Condition: The property must be divisible (e.g., a large field can be split into 3 separate deeds).
• Limitation: An apartment cannot be split. You can’t give the kitchen to one heir and the living room to another. So, for urban properties, this is usually impossible.

B. Sale by Public Auction (Satış Suretiyle)

If physical division is impossible (90% of cases), the court orders the Sale of the property by auction. The money is then divided among the partners according to their shares.

2. The New 2026 Auction System: UYAP E-Sale

Gone are the days of shouting in auction halls. Since 2023, all execution sales are conducted 100% Online via the UYAP E-Satış Portal.

• Participation: Anyone (including the partners) can bid online with an e-Devlet password.
• Starting Price: The auction starts at 50% of the appraised value (+ VAT and costs).
• Duration: The bidding remains open for 7 Days.
• Transparency: This system prevents “Auction Mafias” and ensures the property fetches a fairer market price.

3. “Muhdesat” Claim (Who built the house?)

A common problem: The land is inherited by 5 siblings, but the house on it was built by the eldest brother with his own money.

• The Rule: Normally, “what is on the land belongs to the land”.
• The Exception: The brother can file a “Muhdesat Aidiyetinin Tespiti” lawsuit. If he proves he built it, the Sales Officer calculates the value of the house separately.

[!TIP] Value Adjustment

When the property is sold, the brother gets a larger share (Land Share + House Value). This is a critical legal maneuver to prevent losing your investment on shared land.

4. Prior Right to Buy (Pre-emption)

In “Shared Ownership” (Paylı Mülkiyet), if a partner sells their share to a third party (stranger), the other partners have a legal “Right of Pre-emption” (Şufa Hakkı) to buy that share back at the same price.

• Note: This does not apply to “Elbirliği Mülkiyeti” (Joint Ownership - Inherited property before division).

FAQ

1. I don’t want to sell, but my sister filed the lawsuit. Can I stop it?

No. You cannot stop the lawsuit. The right to end partnership is absolute. Your best option is to buy her share or bid in the auction to buy the whole property.

2. Who pays the court fees?

Initially, the plaintiff pays. But at the end of the case, the expenses are deducted from the Sale Proceeds proportionally. So, everyone pays according to their share.

3. Can foreigners bid in the auction?

Yes, provided the property is eligible for foreign ownership (not in a military zone, etc.).

Konya Real Estate Attorney

We manage the entire process of dissolving partnerships, from negotiation to representing you in the UYAP E-Sale auction to ensure you get the best value.

📞 Property Law: +90 554 192 47 20

📧 Email: fevziyaskir@gmail.com

📍 Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA

⚖️ Av. Fevzi Yaşkir

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