In Turkish law, shared ownership refers to the joint ownership of the same real estate or property by more than one person. This type of ownership is quite common in real estate acquired through inheritance or similar means and creates legal rights and obligations between more than one person. Although it is often desired for shared ownership to continue, it may be necessary to terminate or share in certain cases. In this context, the right to share in shared ownership gains importance. In this article, we have discussed the process of terminating shared ownership, the definition of the right to share, its legal basis, limits and conditions of use.
1. What is Shared Ownership? Its Definition and Importance
Shared ownership is the situation where a real estate or property is owned by more than one person. In the Turkish legal system, this right, regulated within the framework of the Civil Code, ensures that property owners have common rights and obligations. Shared ownership aims to balance the relationships between stakeholders by regulating common ownership beyond individual ownership. It is especially important for the protection of real estate within the family and for the property not to be divided. However, there may be situations where it is necessary to share shared ownership from time to time. At this point, the right to share in shared ownership comes to the fore.
2. General Definition of the Right to Share and Its Place in Turkish Law
The right to share is a special legal right designed to end or share a shared ownership. This right allows each shareholder to end the shared ownership and take over their own share as an independent property. The right to share, regulated in the Turkish Civil Code, was developed to protect the rights of the shareholders on the real estate. When there is a dispute between the shareholders or when the continuation of the shared ownership is not possible, the right to share comes into play. This right allows the shareholders to protect their property rights under legal security and to resolve disputes.
3. Methods of Termination of Shared Ownership
There are different methods for terminating co-ownership. The most common of these are consensual partition, accidental partition, and partition by sale. Consensual partition occurs when the stakeholders agree to divide the property among themselves or transfer it to one of the stakeholders. Accidental partition means dividing the property by a court decision. This method comes into play when the stakeholders cannot agree. In the case of partition by sale, the property is sold by auction and the income is distributed to the stakeholders. The Turkish Civil Code aims to protect the rights of the stakeholders and ensure the distribution of the property by regulating these three methods.
4. Historical Development of the Right to Share
The origins of the right to share date back to ancient Roman law. In Roman law, the termination or sharing of joint ownership was a method used to regulate legal relations between stakeholders. In Turkish law, this right gained legal status with the Civil Code. During the Ottoman period, regulations regarding the termination of joint ownership were more limited; however, with the transition to the modern legal system, the right to share was clearly defined in the Turkish Civil Code. Today, this right has found a wide place in practice, supported by the decisions of the Supreme Court of Appeals and other judicial precedents.
5. Legal Basis for the Right to Share
The legal basis for the right to partition in Turkish law is found in Article 698 of the Turkish Civil Code and other legislation related to this article. According to these provisions, each shareholder has the right to terminate the shared ownership without giving any reason and without requiring a majority vote. However, this right must be exercised in accordance with the principle of good faith. In addition to this article, special legislation is also taken into account in the process of terminating the shared ownership, depending on the situation of the real estate. For example, different legal restrictions may apply in the division of agricultural lands or in real estates of special nature.
6. Scope and Function of the Right to Share
The right to share covers not only real estate ownership but also the sharing of common assets acquired through inheritance or other means. This right is designed to ensure that the partners become legally and economically independent. In shared ownership, although the partners generally tend to maintain ownership together, the right to share paves the way for individual ownership by providing the partners with the opportunity for independent ownership. In this respect, the right to share has the function of resolving legal disputes that may occur between the partners and ensuring the continuity of ownership.
7. Ways of Using the Sharing Right
The right to share can be used between the stakeholders by consent or through the court. In a consensual sharing, the stakeholders agree among themselves on the sharing of the property. In this case, the shares are distributed by mutual consent without filing a lawsuit on the property. In a casual sharing, if the stakeholders cannot agree, the court is applied to and the court provides the sharing of the property. This method is necessary for resolving disputes between the parties. Sharing by sale method involves selling the real estate by auction and distributing the sale price among the stakeholders.
8. Limitations on the Right to Share
The right to share is limited by certain limits and cannot be used freely in all cases. The Turkish Civil Code and related legislation require that this right be used in accordance with the principle of honesty. For example, the use of the right to share by one of the shareholders should not violate the rights of the other shareholders. In addition, the use of the right to share may be limited in special real estates such as agricultural lands. These limitations aim to keep the rights between the shareholders in balance and to protect the integrity of the property.
9. Limitation by Legal Action (Continuity)
The maintenance of joint ownership means the limitation of the right to share in the event that the shareholders demand the continuation of the ownership in joint ownership. This limitation is applied for the purpose of resolving disputes between the shareholders and protects the partnership relationship by ensuring the continuation of the ownership. The maintenance of joint ownership is a method frequently used especially in real estates transferred through inheritance. This limitation prevents the termination of the ownership by a single shareholder and aims to protect the interests of the other shareholders.
10. Differences Between Accidental and Consensual Distribution
Accidental and consensual partitioning are the two basic methods for exercising the right to partition, and there are important differences between them. Consensual partitioning occurs when the shareholders agree among themselves to share the property or transfer it to a shareholder. In this case, there is no legal dispute between the parties and the shares are divided in accordance with the will of the parties. Consensual partitioning is faster and less expensive because it is a compromise-based solution.
Casual partitioning, on the other hand, comes into play when the stakeholders cannot reach an agreement and is carried out by the court. In this method, the court decides how the shares will be distributed and the stakeholders' property rights are terminated with a formal judgment. Casual partitioning is a mandatory method used to resolve disagreements between the parties and can result in longer periods of time and more costly results. The differences between these methods vary depending on the stakeholders' preferences and the status of the dispute over the property.
11. Distribution and Auction Process by Sale Method
In the event of termination of co-ownership, if the parties cannot reach an agreement or the shares cannot be divided, the method of distribution is through sale. In this method, the real estate is sold through auction and the income obtained is divided among the stakeholders. The auction process is organized to ensure that the real estate finds the highest price. In this process, which is usually carried out through the courts, the real value of the real estate is determined and a fair sales price is determined.
Auction sales are an effective solution to protect the rights of stakeholders and end disputes over property. The income from the auction is distributed according to the ownership ratio of each stakeholder. This method protects the property rights of the stakeholders and also allows the real estate to change hands in accordance with its market value.
12. Obligations of the Parties in Case of Using the Right to Share
In the event that the right to partition is exercised, certain obligations arise that each stakeholder must fulfill. First of all, each stakeholder participating in the partition process is obliged to declare their rights over the real estate in accordance with the law. Stakeholders must ensure that the partition process is carried out in accordance with the rule of honesty and must not harm the rights of other stakeholders.
In addition, the procedures and expenses to be carried out during the distribution process are shared in proportion to the shares of the parties. For example, if the sale is to be made by auction, the legal expenses and taxes required by this process are paid by each stakeholder. The obligations of the parties are important for the fair completion of the distribution process and ensure that property relations are carried out in a balanced manner.
13. Lawsuits Filed About Sharing and Process Management
During the exercise of the right of partition, when there is a disagreement between the parties or when the parties cannot reach an agreement on partition, the court may be applied to. In this case, a lawsuit is filed for the exercise of the right of partition and the court decides how the real estate will be distributed in the most appropriate way. Partition lawsuits are one of the most common cases in the Turkish legal system and the purpose of these lawsuits is to ensure the most equitable distribution of the property rights on the real estate.
During the litigation process, the court examines the status of the real estate and evaluates the options for voluntary or accidental division and may decide to sell by auction if deemed necessary. The evidence and statements presented by the parties during this process may affect the outcome of the case. The verdict given by the court legally ends the ownership relationship of the shareholders and ensures the distribution of the property.
14. Termination of the Right to Share
The right to share ends in certain cases. The completion of the sharing process or the consolidation of ownership among the shareholders leads to the termination of this right. In particular, the transfer of all shares to the ownership of a single person eliminates the right to share. In addition, the shareholders' waiver of the right to share may also lead to the termination of this right.
The waiver situation involves the shareholders giving up their right to share with a written agreement. This agreement is registered in the land registry and becomes valid against third parties. The termination of the right to share ensures the reorganization of the ownership relationship and helps to protect the rights on the real estate in a balanced way.
15. Legal Consequences Arising from Termination of the Right to Share
The termination of the right to share has legal consequences on the property relations between the parties. The first of these consequences is that the shareholders have independent property rights. With the termination of the right to share, each shareholder can use his/her own property rights independently and dispose of the real estate as he/she wishes.
In the event of termination of the right to partition, the ownership relationship between the parties is reorganized and all restrictions on the real estate are removed. In this case, the shareholders have full authority to sell, rent or otherwise evaluate the real estate. Completion of the legal partition process means the protection of the parties' property rights and the free evaluation of the real estate in the market.
16. Importance of the Right to Share in Turkish Law and Its Role in Practice
The right to share has a critical role in the Turkish legal system in terms of regulating property relations and resolving disputes between stakeholders. This right comes into play in order to ensure that property relations are carried out in a healthy manner, especially in cases where there is more than one stakeholder on real estate. The right to share provides stakeholders with full authority over the property, enabling independent use and evaluation of the real estate.
The use of this right contributes to the protection of relations between the parties and the resolution of disputes. In addition, the right to share makes it possible to restructure property relations and the property rights of each shareholder are recognized independently. In Turkish law, the right to share has a wide place in practice and this right ensures the protection of the rights of the shareholders by keeping the property relations between the parties in balance.
In Turkish law, the right to share is of vital importance for the regulation of property relations and the resolution of disputes between stakeholders on real estate subject to shared ownership. This right allows stakeholders to independently exercise their rights on the real estate and to restructure the property relationship according to their own interests. The right to share ensures that the rights of stakeholders are legally secured by applying to the court in cases where an agreement cannot be reached between the parties.
The fact that the right of sharing is regulated within the framework of the Turkish Civil Code ensures that the property relations between the parties are protected and the rights on the real estate are secured. Disputes between the stakeholders in the shared ownership are resolved within a legal framework thanks to the right of sharing. This right also enables the real estate ownership to remain within the community and the protection of the properties transferred through inheritance.
In summary, the right to partition in Turkish law is a fundamental tool for the protection of the property rights of the stakeholders, the sustainability of property relations and the resolution of disputes. This right, which has a wide place in practice, ensures that the property rights of each stakeholder are recognized independently by securing the rights of the stakeholders on the real estate. In the future, updating the regulations regarding the right to partition and placing them in a more comprehensive framework will contribute to the healthier conduct of property relations between the parties.