Purchasing real estate in Turkey is an exciting opportunity for many foreign investors, retirees, or dual citizens seeking residency, investment income, or a second home. However, an often misunderstood and legally risky method of ownership is the acquisition of property through a shared title deed, commonly referred to in Turkish as “hisseli tapu”. This structure means that multiple individuals co-own a single undivided property, which on paper may sound flexible, but in practice often results in complex legal disputes, usage conflicts, and serious difficulties in sale, renovation, or transfer of the asset.
At ER&GUN&ER Law Firm, our team of English Speaking Turkish Lawyers regularly represents clients—both foreign nationals and Turkish citizens—who find themselves entangled in disputes arising from shared title deed arrangements. This guide offers an in-depth review of how Turkish law handles shared ownership, the main legal challenges buyers face, and the best ways to protect your rights before, during, or after purchasing such property.
What Is a Shared Title Deed in Turkish Property Law?
A shared title deed, or hisseli tapu, refers to a legal ownership structure where two or more people hold undivided fractional shares of a single property. Unlike a condominium or subdivided parcel where physical units are independently owned, hisseli tapu reflects percentage-based ownership over the entire real estate asset. For example, if four individuals are listed on a shared title, each may own 25% of the whole—but this does not grant any specific claim over a particular room, floor, or section unless a usage agreement is signed or a legal partition is granted through court.
This type of ownership is often used by families, business partners, or co-investors to purchase larger properties together. However, the lack of physical division and enforceable internal agreements can quickly lead to conflict, particularly when one party refuses to sell, use, or maintain the property cooperatively.
How Turkish Law Regulates Shared Ownership
Shared ownership in Turkey is governed by the Turkish Civil Code, particularly Articles 688–702. These articles define the rights and obligations of co-owners, making it clear that all owners have an equal say in the management, use, and sale of the property, proportionate to their shares. However, unless there is a formal co-ownership agreement registered or notarized, courts presume that all owners must act together in major decisions—including sale, leasing, renovation, and even entry rights.
The absence of a usage protocol means that no single co-owner can claim the exclusive right to occupy a specific part of the property, even if they paid a larger portion of the purchase price. This is a common source of frustration among foreign investors, many of whom discover post-purchase that they have no enforceable rights to the room, apartment, or parcel they thought they “owned.”
Common Disputes in Hisseli Tapu Arrangements
Our Turkish Law Firm frequently handles cases where shared ownership turned adversarial. Common legal disputes include:
- One owner unilaterally using or renting out the property without compensating others
- Refusal of one or more co-owners to cooperate in the sale or renovation
- Introduction of third-party strangers as co-owners through share transfers
- Failure to pay taxes, utilities, or maintenance costs by one or more parties
- Physical alterations to the property without unanimous consent
These situations often result in lengthy lawsuits, injunctions, and partition (izale-i şuyu) cases filed to force the sale or division of the property through court proceedings.
Can a Co-Owner Sell Without the Others?
Yes—but with serious limitations. According to Turkish law, any co-owner may sell their share without the approval of others. However, the buyer of such a share does not obtain any specific physical portion of the property and enters into the same co-ownership status as the seller. This can cause extreme tension among remaining co-owners, especially when the new owner is a stranger with different expectations.
To prevent such sales, some co-owners place a right of first refusal clause in their co-ownership agreements or file title annotations at the Land Registry (Tapu Müdürlüğü), warning that internal agreement is required prior to sale. This is a key tool in maintaining stable joint ownership.
Legal Remedies: Partition Lawsuits and Court-Supervised Sales
If co-owners cannot reach an agreement on how to use or sell the property, any one of them may apply to the Turkish courts to dissolve the co-ownership. This is known as an izale-i şuyu (partition lawsuit). If physical division of the property is feasible, the court may order division; if not, it will order the property to be sold by public auction—with proceeds split among the owners based on share ratio.
Partition lawsuits are one of the most common and complex types of civil litigation in Turkish real estate law. Foreign owners are especially vulnerable to losing significant value due to forced sales conducted below market price or handled without their presence if they are not properly represented.
Best Practices Before Buying Shared Property in Turkey
- Request a current title deed extract and check for existing co-owners
- Have a Turkish lawyer review the Land Registry records for restrictions or annotations
- Sign a notarized co-ownership agreement detailing usage rights, sale procedures, and conflict resolution mechanisms
- Place annotations on the title to protect your share from unauthorized sale or mortgage
- Avoid verbal agreements, especially if you are not fluent in Turkish property law
Frequently Asked Questions (FAQs)
- Can I force another owner to sell their share? No, but you can file a partition lawsuit to initiate a public sale.
- Can we divide the building physically without court? Only if all co-owners agree and a formal subdivision is registered.
- Can I rent out my share of a shared property? Not without unanimous or majority consent, depending on the circumstances.
- Can co-owners sue each other? Yes—especially over usage violations, unpaid obligations, or structural alterations.
Contact Our Real Estate Lawyers in Turkey
Whether you are considering buying shared property in Turkey or are already facing a co-ownership dispute, our experienced legal team at ER&GUN&ER Law Firm is ready to assist. As a leading Turkish Law Firm trusted by foreign investors, we offer customized legal strategies, dispute prevention, and litigation support in all matters involving shared title deeds. Contact our English Speaking Turkish Lawyers to protect your rights and maximize your investment security.