What is Shared Housing and Its Legal Basis

Houses owned by more than one person are subject to the regime of shared ownership or joint ownership . This distinction directly affects the legal procedure to be followed in sales and sharing transactions.

  • Joint ownership: Each partner owns a certain share of the real estate. The proportions are clear in the title deed.

  • Joint ownership: It is especially seen in inherited real estate. Although the ratio of shareholders is certain, individual savings are not possible.

Articles 698 and 699 of the Turkish Civil Code regulate the termination of joint ownership. In Antalya, the sale and sharing of joint housing is the most frequently used method in cases such as divorce and inheritance.

Ways to Terminate Joint Ownership

1. Exact Partition (De facto Division)

It is the division of the real estate and giving a piece to each shareholder. However, this method is generally not possible in residences.

2. Dissolution of Partnership by Sale (Dissolution of Shares)

It is the most common practice. The shared residence is put up for sale by court order and the proceeds are distributed according to the shares.

3. Share Transfer and Agreed Liquidation

The partnership is terminated when one or more of the partners purchase the shares of the others. This is the fastest method if there is no conflict.

Court Process Regarding the Sale of Shared Housing in Antalya

When the partnership cannot be terminated, the court remedy comes into play:

  • Competent Court: The Civil Courts of Peace in Antalya are competent.

  • Filing a Lawsuit: Every shareholder can file a lawsuit to “dissolve the partnership.” All partners must be shown to the court.

  • Expert Review: The value of the real estate and whether it is divisible or not are determined.

  • Sales Decision: If in-kind division is not possible, a sales decision is made and the real estate is sold through tender .

  • Price Sharing: The amount obtained from the tender is shared according to the share ratios.

If One of the Partners Objects to the Sale

The consent of the partner who opposes the sale is not required . Joint ownership is not a mandatory union. Even if one of the shareholders does not want it, the others can request the sale.

  • Court Can Force Sale: Partnership is terminated even if the other party does not want it.

  • Pre-emption Right (Pre-emption): If there is a sale of shares among shareholders, the other partners will have a pre-emption right. However, this right is not used in sales made through tender.

Precedent Decisions Implemented in Antalya and Their Results

  • Shared Residence After Divorce: In the lawsuit filed for the house where the parties shared the house after the divorce in Muratpaşa, the wife continued to live in the house. The court ruled that the right of use did not prevent the lawsuit and ruled for sale.

  • Inherited House: In the partition case opened as a result of the inherited house in Kepez not being shared among the 5 siblings, the court decided to sell it and the price was shared.

  • Partnership in Actual Use: It was determined that a sibling was constantly using a property used as a summer house in Konyaaltı, while the others were unable to benefit from it despite the rental offer. In this case, the user was obliged to pay ecrimisil (rent fee) .

Sharing of Income Obtained After Sale

  1. Distribution According to Shares: The money is distributed according to the share ratios determined by the court.

  2. Expense Deductions: Expenses such as home maintenance, renovation, property taxes, and insurance can be deducted first.

  3. Request for Compensation: If one of the partners used the house alone, he/she must pay “rent compensation” to the other shareholders.

Application Problems Specific to Antalya in Shared Housing

  • Difficulty of Valuation in Tourist Regions: In regions such as Kemer, Belek, Kaş, expert assessment may be controversial as housing values vary seasonally.

  • Summer House Use and Rental Income: In case of renting summer houses, which is common in Antalya, the income must be divided fairly between the partners.

  • Actual Use Disputes: Especially in places like Alanya and Manavgat, demands for adequate pay are common against partners who use summer houses all year round.

Most Frequently Asked Questions

Is it possible to make one-sided sales?
→ No. Individual sales cannot be made without the approval of all partners. However, sales can be achieved through court proceedings.

Can one of the partners participate in the tender?
→ Yes. Partners, like everyone else, can participate in the tender and buy the house if they submit the highest bid.

Is the sale decision final or can it be appealed?
→ An appeal can be filed against the decision. However, if the reason for the sale is valid, the decision is generally not overturned.

Does living in a shared home prevent the right to sell?
→ No. The right of use does not prevent the sales process. However, the person using the house must pay rent to the other partners.

What is the average lawsuit duration in Antalya?
→ Varies between 8 and 14 months. Expert witness and sales procedures may extend the process.

Does the sharing of items happen before or after the sale?
→ Movable property (furniture, etc.) is divided among the owners before sale or is made the subject of a separate lawsuit.