What Is a Partition (İzale-i Şuyu) Action?

When more than one person co-owns an immovable, disputes may arise over time. One party may want to sell while the other does not, or disagreements may erupt over use. In such cases the partition action — "izale-i şuyu" — comes into play. In this guide we explain what a partition action is, how it works and how it relates to condominium ownership under the Condominium Ownership Law No. 634 (KMK).

What is a partition (izale-i şuyu) action?

A partition action is the termination of co-ownership (whether by shares or by joint ownership) among persons who share an immovable. Each co-owner may, as a rule, ask to divide the property. If the parties cannot agree among themselves, termination of the co-ownership is requested from the court. This action is heard in the civil court of peace.

How is co-ownership terminated?

The court can terminate co-ownership in one of two basic ways:

• Physical division: If the immovable can be physically divided, the shares are allocated to the co-owners separately.
• Termination through sale: If the immovable cannot be physically divided, it is sold at public auction and the proceeds are distributed to the co-owners in proportion to their shares.

In practice, many immovables cannot be physically divided, so termination through sale is common.

Can a partition action be filed on a condominium property?

This is a very important distinction. Termination of co-ownership cannot be requested on a property subject to condominium ownership or condominium easement (KMK Art. 7). In other words, no partition action can be filed for the whole of an apartment building that has been established as a condominium, because each independent unit is already the subject of separate ownership.

There is, however, one exception: Independent units may be the subject of actions and enforcement like an independent immovable; that is, the co-owners of a single independent unit (for example, joint heirs of one apartment) may request termination of the co-ownership.

Terminating co-ownership by establishing condominium ownership

There is also an interesting alternative. In a partition action concerning an immovable that is suitable for condominium ownership, one of the co-owners may request that partition be carried out by establishing condominium ownership and allocating the independent units. If the conditions are met, the judge may order that the immovable be converted into a condominium and that the independent units be assigned to the co-owners separately, with the shares balanced out. Thus, co-ownership can be resolved through condominium ownership rather than a sale.

Who can file a partition action?

Any of the co-owners (or heirs in joint ownership) of an immovable may request termination of the co-ownership. This is a natural consequence of the right of ownership. The action is filed in the civil court of peace where the immovable is located, and all co-owners must be joined to the action.

Summary

A partition action (izale-i şuyu) is an action to end co-ownership over a jointly held immovable; it is resolved through physical division or sale. It cannot be filed for the whole of a condominium building, but can be filed among the co-owners of a single independent unit. Where the immovable is suitable, co-ownership may also be terminated by establishing condominium ownership.

Ownership and division processes can be complex; day-to-day management of the property, however, requires order. Apt Yönet combines dues and expense tracking with reporting in a single panel.

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Frequently Asked Questions

What does izale-i şuyu mean?

It means terminating co-ownership (by shares or by joint ownership) over an immovable — that is, partition.

Can a partition action be filed for the whole apartment building?

No. Termination of co-ownership cannot be requested on a property subject to condominium ownership; each independent unit is already under separate ownership (KMK Art. 7).

Can co-heirs of a single unit file the action?

Yes. Partition can be requested among the co-owners of a single independent unit.

Can co-ownership be terminated without a sale?

Yes. If the immovable is suitable, co-ownership can be terminated by establishing condominium ownership and allocating independent units.

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.