What Happens If Siblings Cannot Agree on How to Divide an Inherited House?

Short answer: An inherited house does not remain jointly owned indefinitely simply because one of the siblings refuses to divide it. The law gives every heir the right to request the division of the inheritance at any time. If the siblings cannot reach an agreement, the Civil Court of Peace (Sulh Hukuk Mahkemesi) carries out the division. Where possible, the court allocates the property in kind; if that is not possible, it orders the property to be sold and distributes the proceeds.

Before starting this process, there are two important points to know. First, applying to a mediator before filing a lawsuit is mandatory. Second, the siblings may agree among themselves on the division at any stage.

This article addresses the issue step by step: who currently owns the house, what one sibling can do alone, how an agreement can be reached, and what the court does if no agreement is possible.

Who Owns the House We Inherited from Our Father?

When there is more than one heir, the transfer of the inheritance gives rise to a legal relationship of joint ownership among the heirs. Turkish law calls this an inheritance partnership (miras ortaklığı). This partnership continues until the inheritance is divided.

The partnership covers not only the house but the entire estate. The estate consists of all the assets, rights and debts left by the deceased. The house, bank accounts, vehicles and debts are all part of it.

The heirs own the estate under joint ownership without defined shares (elbirliği mülkiyeti). Under this form of ownership, the co-owners do not have separately allocated shares in specific assets; each heir’s rights extend to the estate as a whole. Put simply, no particular room or percentage of the house belongs exclusively to one sibling. The house belongs to all the heirs collectively.

This does not mean that the siblings have no inheritance shares. They do have inheritance shares, and those shares are taken into account when the estate is divided. What is absent under joint ownership without defined shares is the allocation of each heir’s share to a specific part of the house.

Can One Sibling Sell the House Alone?

No. The heirs must act jointly when disposing of rights belonging to the estate. A disposition is an act that changes the legal status of an asset, such as selling the house. Under joint ownership without defined shares, decisions concerning management and disposition generally require unanimity unless the law or an agreement provides otherwise.

The result is clear: all heirs must agree to sell the house. If one sibling wants to sell and another does not, the house cannot be sold through this route.

If the siblings cannot reach a joint decision, the law provides an interim solution. At the request of one of the heirs, the Civil Court of Peace may appoint a representative for the inheritance partnership until the division takes place. The representative is a person authorised to act on behalf of the partnership.

The same rule also works in the opposite direction. A sibling who does not want to sell cannot force the others to keep the house jointly owned indefinitely.

Can the House Remain Undivided If My Sibling Objects?

No. The first paragraph of Article 642 of the Turkish Civil Code (Türk Medeni Kanunu, TCC) states:

“Unless an heir is obliged to continue the partnership under an agreement or by law, each heir may request the division of the inheritance at any time.”

There are two important points in this provision.

The expression “at any time.” The law does not impose a time limit on a request for division. Whether only a short time or many years have passed since the death, each heir may request the division of the inheritance.

The exception. This right is restricted if an heir is legally or contractually obliged to maintain the partnership. If no such obligation exists, an objecting sibling cannot prevent division indefinitely.

The law also allows division to be postponed. If immediate division would significantly reduce the value of an asset or the estate, the judge of the Civil Court of Peace may, at the request of an heir, order the division to be postponed. The law does not specify a fixed duration for this postponement. Postponement does not mean that the right to division disappears.

Is It Possible to Divide the Inheritance by Agreement Without Going to Court?

Yes. The law gives the siblings several options.

Inheritance division agreement. The heirs may agree among themselves on who will receive which assets. Such an agreement is binding on the heirs.

An inheritance division agreement between heirs must be in writing to be valid. However, circumstances in which the division has already been carried out in practice and the heirs have received the assets allocated to them must be assessed separately. To minimise the risk of disputes, documenting the division in a written agreement is the safest approach.

Converting the ownership into co-ownership with defined shares. By means of a division agreement, the heirs may convert the existing joint ownership without defined shares into co-ownership with defined shares (paylı mülkiyet) in proportion to their inheritance shares (TCC, Article 676). Under this arrangement, each sibling’s specific share is recorded in the land registry. For example, if there are three siblings, each sibling’s share appears separately.

Even under co-ownership with defined shares, each co-owner may, as a general rule, request the division of the property. Therefore, this option does not eliminate the possibility of disagreement, but it makes each sibling’s share identifiable in the land registry.

Can an inheritance share be transferred to one sibling? Yes. One sibling may transfer their inheritance share to another sibling. Such an agreement between heirs must be in writing to be valid.

Note: This concerns the transfer of an inheritance share in an estate that has not yet been divided. It must not be confused with transferring an ownership share in a specific immovable property that is independently registered. The formal requirements and legal consequences depend on the scope of the transfer and the property’s existing ownership status.

Transferring a share to an outsider. An heir may also enter into an agreement with a third party concerning their inheritance share. This agreement must be executed before a notary. However, the third party cannot participate in the division of the inheritance. They may only request that the share allocated to that heir at the end of the division be transferred to them. In other words, an outsider cannot acquire an inheritance share and take the place of a sibling in conducting the division.

Debts must also be taken into account when reaching an agreement. Each heir may request that the debts of the estate be paid or secured before the division takes place.

Is Mediation Mandatory Before Filing a Lawsuit?

Yes. Under Article 18/B of the Turkish Law on Mediation in Civil Disputes, applying to a mediator before filing a lawsuit is a condition for bringing proceedings in disputes concerning the division of movable and immovable property and the dissolution of co-ownership.

A procedural precondition is a requirement that must be fulfilled before a case can be heard by the court.

In practical terms, siblings who disagree about dividing an inherited house cannot go directly to court. They must first apply for mediation. A mediator is an impartial person who facilitates discussions between the parties.

If the parties reach an agreement in mediation, two further steps are required.

• An enforceability endorsement must be obtained for the settlement document. This is a court endorsement that makes the agreement enforceable through compulsory execution. For agreements concerning immovable property, the endorsement is obtained from the Civil Court of Peace in the district where the property is located. The court examines the content of the agreement and whether the statutory restrictions applicable to the immovable property have been complied with.

• If the agreement provides for the transfer of the house to one sibling, registration may be requested from the land registry after the endorsement is obtained. Once the land registry has carried out the necessary checks, it completes the registration without requiring a separate official deed. Registration means recording the change in the land register.

If No Agreement Is Reached: The Action for Dissolution of Co-Ownership

If mediation also fails to produce an agreement, the next step is litigation. This action is known in Turkish law as an action for dissolution of co-ownership (ortaklığın giderilmesi davası). Its former name is izale-i şuyu, which is still used in practice. The purpose of the action is to divide jointly owned property or to have it sold and the proceeds distributed.

The Civil Court of Peace has jurisdiction over this action. Article 4 of the Turkish Code of Civil Procedure assigns actions concerning division of property and dissolution of co-ownership to the Civil Court of Peace, regardless of the value of the house. The court with jurisdiction does not change depending on whether the house is worth a high or low amount.

How Does the Court Divide the House?

The law establishes an order of priority.

First, division in kind. Each heir may request that specific assets in the estate be distributed in kind or, where this is not possible, through a sale. Division in kind means physically dividing the asset, where feasible, and allocating the resulting parts to the co-owners.

Allocating the entire house to one sibling. The judge considers the estate as a whole and the assets it contains. Where possible, an entire immovable property is allocated to one heir. Any difference between the values of the properties allocated to the heirs is compensated through a monetary payment, thereby equalising their inheritance shares. The law uses the phrase “where possible”; allocating the entire house to one sibling may not be feasible in every case.

Sale if division is not possible. If division is not considered appropriate in light of the circumstances, particularly where the property cannot be divided without a significant loss of value, the court orders its sale by public auction. A sale by auction restricted to the siblings is possible only if all co-owners consent. If even one sibling does not agree, the auction is open to the public.

Whether an apartment, a house with a garden, or a holiday home with a large plot in Bodrum, Marmaris or Fethiye can be divided does not always have the same answer. The court assesses the question based on the circumstances of the individual case.

How is the sale conducted? If a sale is necessary, the judge appoints an officer to conduct it. The immovable property is sold in accordance with the provisions of the Turkish Enforcement and Bankruptcy Law. The proceeds are then distributed.

Note: The method of division applied by the court may differ depending on whether the request concerns division of the entire estate or dissolution of co-ownership in a specific immovable property. The special rules in Article 642 of the Turkish Civil Code apply to the division of an inheritance, while the relevant co-ownership provisions apply to an action for dissolution of co-ownership.

Do All Siblings Receive Equal Shares?

Not necessarily. The law states that heirs have equal rights over all assets in the estate during the division process. This does not mean that every sibling receives an equal percentage. It means that every heir has an equal right to participate in the division. The amount each heir receives is determined by their respective inheritance shares.

What If the House Has Not Yet Been Registered in the Heirs’ Names?

The registration of inheritance (intikal) is the process of updating the title deed from the deceased owner’s name to the heirs’ names. A certificate of inheritance is generally required first. Commonly referred to in Turkish as veraset ilamı, this document identifies the heirs. It can be obtained from a Civil Court of Peace or a notary.

The fact that the inheritance has not yet been registered does not mean that the siblings are not heirs. The inheritance partnership arises when the inheritance passes to the heirs. Registration records that legal situation in the land registry.

Supplementary Article 1 of the Turkish Land Registry Law establishes a specific rule. If the inheritance has not been registered within two years of the date of death, the land registry office may apply to the judiciary to obtain a certificate of inheritance. It then registers the property under joint ownership without defined shares.

These applications are exempt from all expenses, taxes, duties and fees. This exemption applies to applications initiated by the land registry office itself. The law does not provide the same exemption for inheritance registration applications made by the heirs themselves. Current charges should be confirmed with the land registry office before proceeding.

Step by Step: What Should Siblings Do If They Cannot Agree?

1. Obtain a certificate of inheritance. This can be issued by the Civil Court of Peace or a notary.

2. Check the land registry. Determine whether the inheritance has been registered and whose name appears on the title deed.

3. Discuss the debts. Each heir may request that the estate’s debts be paid or secured before the division.

4. Attempt to reach an agreement. Options include a written division agreement, converting the ownership into co-ownership with defined shares, or transferring a share to one sibling in writing.

5. Apply for mediation if there is no agreement. This step is mandatory before filing a lawsuit.

6. If mediation results in an agreement, obtain an enforceability endorsement for the settlement document and request land registry registration where necessary.

7. If no agreement is reached, bring an action for dissolution of co-ownership before the Civil Court of Peace. The court first considers division in kind; if this is not possible, it orders a sale.

Summary

• Where there is more than one heir, the house is held under joint ownership without defined shares until the inheritance is divided. No specific share is separately allocated to any heir.

• All heirs must agree to sell the house. One sibling cannot sell it alone.

• Every heir may request division at any time. A sibling who objects cannot block division indefinitely.

• If immediate division would significantly reduce the value of the property, the judge may postpone it.

• The siblings may divide the inheritance through a written agreement, convert the ownership into co-ownership with defined shares, or transfer a share to one sibling.

• A third party who acquires an inheritance share cannot participate in the division.

• Applying to a mediator before filing a lawsuit is mandatory.

• The action is heard by the Civil Court of Peace. Where possible, the court divides the property in kind; otherwise, it orders a public auction.

• If the inheritance has not been registered within two years of the date of death, the land registry office may register the property under joint ownership without defined shares.

This article has been prepared in accordance with the legislation in force on 21 October 2026.

This text is intended for general informational purposes only and does not constitute legal advice concerning any specific case.