How Is an Inherited House Divided in Turkey? Options When the Heirs Disagree

1. What is the heirs' position?

If the deceased left several heirs, a community of heirs arises until partition, and the heirs own the whole estate jointly (elbirliği mülkiyeti) (Civil Code art. 640 [1]).

Terms:

• Joint ownership (elbirliği): the owners have no defined shares and own the whole asset together. Unless the law or a contract provides otherwise, acts of management and disposition (such as a sale) require all owners to agree (arts. 701–702 [1]).
• Co-ownership in shares (paylı mülkiyet): each owner has a defined share (e.g. 1/4) and may sell that share alone (art. 688 [1]).

In practice, while the house is in joint ownership, one heir cannot sell or rent it out, or transfer their "share" at the land registry, without the others. An heir may ask the court to appoint a representative for the community until partition, and each heir may alone ask for protection of the estate's rights (art. 640).

2. What is needed before dividing?

1. Certificate of inheritance (mirasçılık belgesi): shows who the heirs are; issued by the civil court of peace or a notary (art. 598 [1]).
2. Registration in the heirs' names (intikal): the title deed is transferred to the heirs at the land registry.
3. If you are thinking of renouncing the inheritance: there is a statutory deadline for renouncing an indebted estate; avoid acts that may count as accepting the inheritance before deciding.

3. How is the house divided if the heirs agree?

Partition is made first by agreement of the heirs; failing that, the judge forms the shares (art. 650 [1]). Common arrangements:

Partition agreement: an agreement between heirs on partition is valid and binding only if made in writing (art. 676). Transferring the house to one heir also requires a transaction at the land registry.

Conversion to co-ownership in shares: an heir may ask the civil judge of peace to convert joint ownership into co-ownership in shares. The judge gives the other heirs a period to object; if no justified objection is made and no heir files a partition suit within that period, the judge orders the conversion (art. 644 [1]).

4. The surviving spouse's special right to the home

If the deceased's spouse is among the heirs, the law gives them a special option for the home the couple lived in: the surviving spouse may ask to be given ownership of the family home and household goods, set off against their inheritance share. For justified reasons, the spouse or the other legal heirs may ask for a usufruct (right to use and take income) or a right of residence instead of ownership (art. 652 [1]).

This right does not apply to premises where the deceased practised a profession or trade that a descendant needs in order to continue it (art. 652).

5. What if the heirs cannot agree?

1. Any heir may demand partition

Unless a contract or the law requires the community to continue, any heir may demand partition of the estate at any time (art. 642). Other heirs saying "I don't want to sell" does not by itself prevent partition.

Exception — postponement: if immediate partition would significantly reduce the value of the property or the estate, the judge may postpone it at an heir's request (art. 642).

2. Mediation first is mandatory

In disputes on the partition of movable and immovable property and the termination of co-ownership, applying to a mediator before filing a lawsuit is a precondition for the lawsuit (Law No. 6325 art. 18/B [2]). This rule has applied since 1 September 2023 and does not apply to cases already pending on that date (Law No. 6325 provisional art. 3).

• Filing without mediation: the case is dismissed on procedural grounds without further steps (art. 18/A(2)).
• Duration: the mediator must conclude within three weeks of assignment, extendable by at most one week where necessary (art. 18/A(9)).
• Not attending the first meeting: a party who misses the first meeting without a valid excuse is liable for half of the litigation costs the other side has to pay in a later lawsuit, even if they win it in whole or in part, and the attorney's fee awarded in their favour is halved (art. 18/A(11)).
• If an agreement is reached: an enforceability annotation must be obtained from the civil court of peace where the property is located. For agreements transferring real estate, either party may then apply to the land registry for registration (arts. 18/B(3) and 18/B(5)).

3. The partition lawsuit

If mediation fails, any heir may file a partition lawsuit (ortaklığın giderilmesi davası, traditionally called izale-i şuyu).

• Court: the civil court of peace (Code of Civil Procedure art. 4 [3]).
• Place: in actions concerning rights in rem over real estate, the court where the property is located has exclusive jurisdiction (art. 12 [3]). In actions for the partition of the estate as a whole, the court of the deceased's last domicile has exclusive jurisdiction (art. 11 [3]). Which rule applies depends on whether the case concerns one house or the whole estate.
• Parties: in practice, all heirs other than the claimant take part in the case.

4. How does the court divide?

The statutory order is (Civil Code arts. 642, 651 and 699 [1]):

1. Division in kind: where possible, property is divided; the judge may allocate each immovable as a whole to one heir and balance the shares with money.
2. Division by sale: if the property cannot be divided, or division would significantly reduce its value, it is sold and the proceeds are shared by share. If an heir asks, the sale is by auction; if the heirs cannot agree on the form of the auction, the civil judge of peace decides whether it is held among the heirs or open to the public (art. 651).

Since a flat cannot be physically divided, a sale follows the statutory order where the heirs cannot agree on giving it to one of them. The outcome depends on the property, the other assets in the estate and the heirs' requests.

After the sale: after sale costs are deducted, the proceeds are shared among the heirs according to their shares.

6. If one heir is living in the house

The use of a jointly owned house generally concerns all heirs. Whether the other heirs can claim compensation for unauthorised use (ecrimisil) for the period they were excluded depends on the user's good faith, whether the others asked to use the house, and the facts of the case. This area is shaped largely by case law and must be assessed case by case.

7. Hypothetical example

This example is purely hypothetical. Three siblings inherit a flat in equal shares from their father (their mother had died earlier). One wants to sell, one wants to keep living there, and the third wants the value of their share. They obtain a certificate of inheritance from a notary and register the flat in their names. The sibling living there offers to buy out the other two, but they cannot agree on a price, and mandatory mediation also fails. One sibling files a partition lawsuit at the civil court of peace. Because the flat cannot be divided, the court orders its sale; the proceeds, after costs, are shared equally. The sibling living there may bid at the auction to try to buy the flat.

8. FAQ

Can the house be sold if my sibling refuses?

A voluntary sale requires all heirs. If one refuses, it cannot be sold voluntarily, but the others may file a partition lawsuit after mediation, and the court may order a sale.

Can I sell my share alone?

While the house is in joint ownership, no separate share appears on the title, so you cannot sell your "share" of the house alone at the land registry. The law does allow a contract transferring an inheritance share: in writing between heirs, or before a notary with an outsider. The outsider cannot take part in the partition, however, and may only claim what the heir receives at the end of it (art. 677). After conversion to co-ownership in shares, each owner may sell their share, and the others' pre-emption right may then arise.

What happens to rent from the inherited house?

Rent forms part of the estate and belongs to the heirs until partition. Agreeing in writing who receives it and how it is shared helps avoid later disputes.

Can any heir file the partition lawsuit?

Yes. The law gives every heir the right to demand partition regardless of the size of their share, unless the heirs have agreed by contract to keep the community.