Izale-i Şuyu (Dissolution of Partnership) Case: Sharing Between Stakeholders

İzale-i Shuyu (dissolution of partnership) lawsuit is a lawsuit filed by one of the stakeholders of a real estate owned jointly or jointly, asking for the termination of the partnership by partitionor sale.

• The real estate must be physically divisible (field, garden, etc.)
• The economic value does not decrease significantly with the division
• Possibility of parceling in accordance with zoning legislation
• Generally, buildings with independent sections (apartment flats) cannot be divided exactly by partition.

Share Through Sales

If exact division is not possible, the judge decides to sell by auction. The sale is made by the enforcement office in accordance with the provisions of EBL article 121. The sales price is distributed to the stakeholders in proportion to their shares.

Jurisprudence of the 14th Civil Chamber of the Supreme Court

The 14th Civil Chamber of the Supreme Court of Appeals emphasized that an expert report is mandatory in cases of dissolution of partnership, and that the sale of the real estate cannot be decided if it is possible to divide it exactly. The expert must report the zoning status of the real estate, its value, the possibility of division and the rate of loss of value in case of equal division.

Again, the 14th HD stated that if one of the stakeholders requests a purchase, this request can be evaluated to the extent that it is not contrary to the interests of other stakeholders, otherwise an auction should be held.

Right of Preemption (TMK art.732-735)

In shared ownership, if a stakeholder sells his share to a third party, other stakeholders can purchase this share with the sale price by using the pre-emption right within 3 months (from learning) and 2 years (from sale).

Jurisdictional and Competent Court

• Officer: Civil Court of Peace (HMK art.4/1-b)
• Authority: The court of the place where the immovable property is located (HMK article 12)

Process Roughly