Can Dissolution of Co-Ownership Be Requested If an Inherited Home Cannot Be Sold?

Estate Partition and Registration of Inheritance

Prepared by: Constantinople

If you cannot agree on sale of an inherited home, a legal route to ending co-ownership may be considered. An heir requesting sale does not, however, mean immediate sale. The registered ownership structure, heirship, any valid ground postponing partition and divisibility of the property are part of the initial review. We determine whether your matter calls for estate partition or dissolution of co-ownership of a single property.

Every heir may request partition under the statutory conditions. Partition in kind is considered where possible; otherwise, sale and distribution of proceeds are assessed. If the extent of ownership is disputed, another title action or estate proceeding may also affect the process. A court-ordered sale therefore cannot be said necessarily to achieve your expected market price or finish by a specified date.

For disputes over partition of movable or immovable property and dissolution of co-ownership, applying to mediation before litigation is a procedural prerequisite under Article 18/B of Law No. 6325. The title record, current inheritance certificate, identity and service information for all interested persons, and any rental or use documents should be prepared. Omission of an heir or incorrect shares may hinder participation by everyone concerned and progress of the case. Correctly identifying overseas addresses at the outset is particularly important.

We first assess the feasibility of an agreed solution alongside the cost of litigation. Any separate claim concerning use by the person occupying the home is distinguished from the partition file. After the paid review, we state in writing the application to be prepared, scope of representation and expenses; we give no guarantee of sale or outcome.

The provision added to İİK 114 by Law No. 7589, effective on 31 July 2026, requires the first auction to be held only among the owner-heirs where all owners acquired the property by inheritance and no third party other than heirs holds ownership rights. This special procedure applies once. For auctions announced before 31 July 2026, the former provisions continue under Provisional m. 1/1. For transition, the date of the auction announcement, rather than commencement of proceedings, is checked.