As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and professional legal support to our clients in the processes of the Dissolution of Joint Ownership (Izale-i Shuyu) Lawsuit, which is one of the most frequently encountered types of cases in practice within the scope of disputes arising from real estate law and inheritance law. In immovable properties owned by more than one person under shared ownership or joint ownership, if the co-owners are unable to act together, the termination of the joint ownership may become mandatory.

 

The dissolution of joint ownership lawsuit is a type of lawsuit that aims to terminate the joint ownership over an immovable property by a court decision, upon the request of even one of the co-owners. In practice, these lawsuits generally arise in inherited immovable properties, family disputes, or real estate acquired jointly for investment purposes. When the continuation of the joint ownership is not economically or practically feasible for the parties, an izale-i shuyu lawsuit is filed as a legal remedy.

 

In a dissolution of joint ownership lawsuit, the court first evaluates the possibility of partition in kind (dividing the immovable property and distributing it). If the nature of the immovable property is not suitable for division or if a serious loss of value would occur as a result of division, a decision is made to dissolve the joint ownership through sale. The sale is generally carried out through enforcement proceedings by public auction, and the proceeds obtained are distributed among the co-owners in proportion to their shares.

 

Since izale-i shuyu lawsuits may lead to serious financial consequences, especially at the sale stage, it is of great importance that the process is managed strategically and carefully from the very beginning. As Uzunpınar & Tüfek International Law Firm, we ensure that the process is concluded quickly and correctly by protecting our clients’ property rights in the most effective manner in dissolution of joint ownership lawsuits.

 

FREQUENTLY ASKED QUESTIONS (FAQ)

 

1. What is a dissolution of joint ownership (izale-i shuyu) lawsuit?

A dissolution of joint ownership lawsuit is a type of lawsuit that aims to terminate shared ownership or joint ownership over an immovable property or asset by a court decision upon the request of one of the co-owners. Through this lawsuit, the joint ownership between the co-owners is legally terminated, and the parties transition to individual ownership or distribution of the sale proceeds. Izale-i shuyu lawsuits frequently arise especially in inheritance partnerships.

 

2. Who can file a dissolution of joint ownership lawsuit?

This lawsuit may be filed individually by any co-owner who has a share in the immovable property, without the consent of the other co-owners. The size of the share is not important. Even a shareholder with the smallest share may request the dissolution of joint ownership. In this respect, izale-i shuyu lawsuits are based on an absolute property right.

 

3. In which situations is a dissolution of joint ownership lawsuit filed?

If the co-owners cannot reach an agreement on the use, sale, or management of the immovable property, if the continuation of the joint ownership has become unbearable for the parties, or if the economically efficient use of the immovable property is not possible, this lawsuit may be filed. Especially the division of inherited immovable properties is the most common reason for izale-i shuyu lawsuits.

 

4. What is partition in kind in a dissolution of joint ownership lawsuit?

Partition in kind means physically dividing the immovable property and allocating a separate portion to each co-owner. The court evaluates whether partition in kind is possible by taking into account criteria such as the zoning status, surface area, and divisibility of the immovable property. If the division would reduce the value of the immovable property or would be contrary to zoning legislation, a decision for partition in kind is not rendered.

 

5. How is dissolution of joint ownership through sale carried out?

If partition in kind is not possible, the court decides to dissolve the joint ownership through sale. The sale is generally carried out by public auction through the enforcement office. The proceeds obtained from the sale are distributed to all co-owners according to their share ratios. In this process, the correct determination of the market value of the immovable property is of great importance.

 

6. Is the dissolution of joint ownership lawsuit subject to a statute of limitations?

No. Dissolution of joint ownership lawsuits are not subject to a statute of limitations. This lawsuit may be filed at any time as long as the joint ownership continues. However, the continuation of the joint ownership for a long time may lead to new disputes due to actual use between the parties.

 

7. In which court is a dissolution of joint ownership lawsuit filed?

This lawsuit is filed before the Civil Court of Peace at the place where the immovable property is located. The competent and authorized court is related to public order, and lawsuits filed before an incorrect court may be dismissed on procedural grounds.

 

8. How long does a dissolution of joint ownership lawsuit take?

Izale-i shuyu lawsuits are generally concluded within 1 to 3 years, depending on the scope of the file and the sale process. The sale stage constitutes the longest part of the lawsuit. Professional management of the process reduces loss of time.

 

9. Who pays the expenses in a dissolution of joint ownership lawsuit?

The lawsuit and sale expenses are initially paid by the party who files the lawsuit; however, at the end of the case, these expenses are deducted from the sale proceeds and reflected to all co-owners in proportion to their shares. Therefore, ultimately, the expenses are shared among the co-owners.

 

10. Why is it important to be represented by an attorney in a dissolution of joint ownership lawsuit?

Dissolution of joint ownership lawsuits may lead to results that can cause serious financial losses, especially at the sale stage. Determining the value of the immovable property at a low level, procedurally unlawful transactions, or errors during the sale process may cause damage to the co-owners. Therefore, conducting the process with an experienced real estate law attorney is of great importance. Uzunpınar & Tüfek International Law Firm provides effective, transparent, and result-oriented legal representation to its clients in izale-i shuyu lawsuits.