How is inheritance shared in Turkey? What is the Case for Termination of Partnership?

In cases where joint ownership becomes a source of dispute, a lawsuit for the dissolution of joint ownership, also known as "partition action," is pursued to terminate the shared ownership among stakeholders. This legal action facilitates the division of property or commodities among the parties, aiming for outcomes that are equitable for all involved.

How Is a Partition Action Conducted? What's the Process Like?

In a partition lawsuit, the process begins with a preliminary examination followed by the setting of a hearing date. At the first hearing, the court requests the property records. By the second hearing, a date for inspection (survey) is given by the judge, and an inspection is conducted. Following the collection of property records and inspection reports, a financial expert is appointed to the case to determine the fair market value of the subject properties. The court then makes a decision based on all gathered evidence.

After the court's decision on the dissolution of joint ownership becomes final, it's forwarded to the Sales Office, which sets a new inspection date to determine the property's market value. Subsequently, a sale date is scheduled, and the property is auctioned off. The proceeds from the sale are then distributed among the parties.

How Long Does a Partition Action Take?

If no agreement is reached and the court decides on sale by auction or division in kind, the duration depends on the court's schedule and the outcome of necessary investigations.

The process requires the sale of the property and distribution of proceeds among the parties. Those not wishing to dissolve the joint ownership can re-purchase the property at the auction, but shares are distributed equally among all parties.

After this distribution, the lawsuit concludes. While a definitive duration cannot be provided, the judiciary's target duration for partition actions is set between 300 to 360 days.

How Many Years Does a Partition Action Last?

The litigation phase of a Partition Action lasts about 1 year, with the sale and auction phase taking an additional 6 months. Therefore, the entire process of dissolving joint ownership typically concludes in about 2 years.

How to File a Partition Action?

The lawsuit can be filed against all co-owners of movable or immovable property. Any of the joint owners can initiate the lawsuit to dissolve the partnership.

If there's an agreement among the parties, the liquidation process can begin shortly. However, if the parties do not wish to dissolve the partnership, a partition lawsuit must be filed.

All co-owners are required to participate in the lawsuit. If one of the co-owners has deceased, their legal heirs can take part in the action. It's essential for all joint owners to participate for the lawsuit to commence.

Where to File a Partition Action?

The lawsuit is filed at the Civil Court of Peace in the region where the property is located. However, if at least one of the co-owners opposes the dissolution, proceeding through an attorney would be a prudent decision.

Reasons for the dissolution or minimizing grievances are expected to be substantiated. Additionally, court fees and other expenses are initially borne by the plaintiff but can be divided among the co-owners at the lawsuit's conclusion.

What Decisions Can Be Made in a Partition Action?

If an agreement on how to divide the property is reached among the disputing parties, the judge can immediately conclude the case. In cases without agreement, the division of the property through sale or in kind is requested.

If such a scenario occurs, the plaintiff's share and percentage ownership over items must be precisely demonstrated with evidence. For disputes likely to arise, presenting documents (receipts, purchase transactions, agreements, etc.) as proof is crucial. However, if significant value loss occurs due to the division, the court may annul the division decision.

In such cases, the court may decide to compensate for the lower-valued portion in money. If the parties cannot reach an agreement, the court may order the property to be sold and the proceeds divided among the parties.