Disputes in Common Ownership and Solution: İzale-i Şuyu Lawsuit

Real estate ownership can lead to disputes over time, especially in cases where there is more than one right holder. In such cases, when it becomes difficult or impossible to maintain the partnership on the property, the izale-i şuyu lawsuit (elimination of the partnership) comes into play. So, how does this process work and what should be considered?

What is İzale-i Şuyu and Why does it come up?
İzale-i şuyu is a legal action filed to terminate the partnership in cases where there is more than one right holder on an immovable or movable property. This lawsuit is usually brought in the following cases:

There is a dispute between the partners in the division of property.
It is not physically possible to physically divide the immovable property (for example, an apartment cannot be divided).
One of the partners wants to transfer his/her share or sell the real estate.
Important Points in the İzale-i Şuyu Process
This process involves complex and demanding steps for partners:

1. Determining the Type of Sharing
The court assesses whether it is possible to physically divide the property. This decision determines how the process will proceed:
 

Sharing Disputes: Partners may not agree on the method of sharing. In this case, the court decision is taken as basis.
Auction Disputes: Disputes may arise between the partners during the auction. The court manages the process fairly.
Land Registry Issues: Incomplete or inaccurate title deed records may cause the case to drag on. It is important to check the records for such problems before the case is initiated.
Documents Required for the Initiation of Litigation
The İzale-i şuyu lawsuit is filed in the civil court of peace where the immovable is located. The required documents are as follows:

Title deed registration sample
Documents showing partnership status and share ratios
Other documents explaining the nature of the immovable property