Partition action (dissolution of co-ownership)

A partition action ends co-ownership of property held in shares or in community, and is traditionally known in Türkiye as izale-i şüyu. Any co-owner may demand partition at any time unless a legal obstacle exists.

The action is filed with the civil court of peace, and all co-owners must be parties. The court first examines whether division in kind is feasible; where the property does not lend itself to division or division would cause significant loss of value, it orders termination through sale. The sale is as a rule conducted by public auction and the proceeds are distributed according to the shares.

The action is the typical resolution for disputes over inherited property. Restricting the auction to the co-owners requires the consent of all of them, and disputes over who owns accessions such as buildings and trees on the land must be resolved separately before the sale.