When co-heirs do not agree: Agreement, Mediation, Court, and Partition Sale
The best way is always the same: The co-heirs agree among themselves. A clear agreement saves time, costs, and stress – and prevents a property from remaining "blocked" for years.
But what if that doesn't work? Perhaps you know this situation:
Exactly for these cases, Turkish law offers an instrument that leads to a binding solution: the Dissolution of the Community of Heirs (Izale-i Şuyu). Simply put: If an agreement is not possible, the community can be terminated through the courts – often through a partition sale (sale/auction) and subsequent payout according to shares.
When several people are jointly entitled to a property, every decision is difficult: sale, rental, use, renovation, or a payout to individual co-heirs. As long as the community exists, everything depends on consent – and that is exactly where it often fails.
The judicial procedure for the dissolution of the community of heirs has a clear goal: To end the blocked situation. Usually, there are two models of thought:
Imagine: There is an inherited apartment in Turkey. You live abroad. You want to create order, close the estate, and receive your share. Other co-heirs want to keep the apartment – for emotional reasons, because they use the property, or because they hope that "sometime" a solution will come.
And then... nothing happens. The property stands empty or is used without clear rules. Costs continue to run. The community remains – without perspective.
This is exactly where the decisive question arises:
Do I have to wait until everyone agrees – even if nothing has moved for years?
In many cases, the answer is: No. If the agreement fails, the legal path can lead to a binding solution – in such a way that there is a result at the end: Dissolution of the community and payout.
We fundamentally start with the right step: We attempt an agreement. Because often it fails not due to the law, but due to communication and structure:
Upon request, we take over communication with the co-heirs, explain the options comprehensibly, and try to reach a clean agreement. If that does not succeed, we consistently pursue the formal path.
In practice (depending on the constellation), a mandatory mediation ("zorunlu arabuluculuk") may need to be observed before judicial proceedings. This means: First, an attempt is made to lead the parties to an agreement via a mediator. If no agreement is reached, this is documented – and the judicial procedure can begin or continue.
Every case is different (type of property, number of parties involved, locations, response behavior). However, this process is typical:
In many cases, this is not necessary. With a suitable power of attorney, we can take over communication, mediation, and judicial steps in Turkey for you. In the sale/auction phase, we coordinate closely with you and inform you in good time.
If you also need the Certificate of Inheritance in Turkey in parallel, please also read our article: Certificate of Inheritance in Turkey: Process, Requirements and Documents. For tax questions, we also recommend: Inheritance Tax Turkey vs. Abroad.
Yes. Lack of reaction or blockade is a common reason in practice why a structured procedure becomes necessary. We examine the constellation and choose the appropriate path.
For a voluntary agreement, consent is needed. If the agreement fails, the legal path can – depending on the case – lead to a partition sale so that the community is terminated.
Often the best strategy is: negotiate professionally first, then (if necessary) consistently go the formal path. This way you don't lose time – without escalating unnecessarily.
Feel free to write your request directly in the contact form – we will get back to you immediately.
Important Note:
Sending an inquiry does not create a contractual relationship. By sending the inquiry, Inheritance Turkey is requested to submit a non-binding fee offer. A fee agreement is only concluded when the sender expressly confirms the fee offer by e-mail.