Dissolution of Co-Ownership Lawsuit: What You Need to Know in Real Estate Law

Real estate law is a crucial field that regulates individuals' rights over immovable properties and the protection of these rights. One of the common issues in this area is the co-ownership (joint ownership) problems among property owners. A legal remedy for resolving these issues is the "Dissolution of Co-Ownership Lawsuit." In this article, we will provide detailed information about the dissolution of co-ownership lawsuits, the legal process, and important considerations.

What is a Dissolution of Co-Ownership Lawsuit?

A dissolution of co-ownership lawsuit is filed to terminate the joint or shared ownership of an immovable property and convert it into individual ownership among the co-owners. This lawsuit is regulated under Article 698 and subsequent articles of the Turkish Civil Code.

Objectives of the Dissolution of Co-Ownership Lawsuit

The main objectives of the dissolution of co-ownership lawsuit are:

Termination of Ownership Relationship: To terminate the ownership relationship among co-owners and enable each co-owner to have individual ownership.
Partition or Sale of the Property: If physical partitioning of the property is possible, it is divided according to the shares of the co-owners; if not, the property is put up for sale, and the proceeds are distributed among the co-owners.

How to File a Dissolution of Co-Ownership Lawsuit?

The dissolution of co-ownership lawsuit is filed in the civil court of peace where the property is located. The person or persons filing the lawsuit request the termination of the co-ownership against the other co-owners. The legal process involves the following steps:

Lawsuit Petition: A lawsuit petition requesting the dissolution of co-ownership is prepared and submitted to the court.
Court Examination: The court appoints an expert to determine whether the property can be partitioned and what solution should be followed.
Expert Report: The expert prepares a report on the partitioning or sale of the property.
Decision: Based on the expert report and the statements of the parties, the court makes its decision. If the property can be partitioned, individual title deeds are issued according to the shares; if not, the property is sold.

Important Considerations in Dissolution of Co-Ownership Lawsuits

Partitionability: Whether the property can be partitioned is a crucial factor that determines the course of the lawsuit. Properties that cannot be partitioned are generally put up for sale.
Agreement Among Parties: If co-owners reach an agreement during the lawsuit process, the case can be resolved more quickly and at a lower cost.
Professional Support: Obtaining support from an experienced real estate lawyer in dissolution of co-ownership lawsuits ensures that the process is conducted lawfully and effectively.

Conclusion

A dissolution of co-ownership lawsuit is an important legal remedy for resolving ownership disputes among property owners. There are many factors to consider during this legal process. At KOÇAK LAW, our expert real estate lawyers provide professional legal consultancy and representation services in dissolution of co-ownership lawsuits. For more information and support, please contact us.