Purchasing real estate in Turkey under a shared title deed structure—known as “paylı mülkiyet” or “elbirliği mülkiyeti”—may seem financially practical at first, but it comes with significant legal risks. Co-ownership of a property with other individuals, whether family, business partners, or acquaintances, often leads to disputes regarding use, profit-sharing, and future sale rights. Foreign nationals are especially vulnerable to misunderstanding the implications of shared title deed models due to language barriers and differences in legal culture. Problems often arise when one party wants to sell, renovate, lease, or mortgage the property while others object or remain unreachable. Istanbul Law Firm, a top-rated Turkish Law Firm, specializes in resolving title deed disputes through negotiation, litigation, and strategic restructuring. Our clients receive bilingual assistance from an English speaking lawyer in Turkey to navigate complex tapu scenarios. For general guidance on evaluating real estate title integrity, see our article on title deed verification in Turkey.

1. Understanding Shared Ownership Models in Turkish Property Law

There are two main types of shared ownership in Turkey: “paylı mülkiyet” (tenancy in common) and “elbirliği mülkiyeti” (joint ownership without share allocation). In a tenancy-in-common setup, each owner holds a specified share of the property and can independently sell or transfer that share unless otherwise agreed. In contrast, joint ownership requires unanimous consent for any transaction involving the property, including sale or lease. While these concepts may appear straightforward, they often lead to complex legal entanglements when co-owners disagree. Istanbul Law Firm frequently assists clients in converting joint ownership into divisible shares to facilitate decision-making. Our Turkish lawyers also draft internal co-ownership protocols that define usage rights, maintenance responsibilities, and dispute resolution mechanisms. These precautions are essential when foreign buyers enter co-ownership agreements with family or local partners.

Another common misunderstanding involves assuming equal authority among co-owners when in fact one may have a majority or sole administrative power under an unbalanced agreement. We often see foreign investors unknowingly signing contracts that favor local co-owners in court. That’s why Istanbul Law Firm, as an experienced law firm in Istanbul, offers contract review and advisory services prior to purchase. We translate all documentation and explain long-term implications, including inheritance risks and tax responsibility per share. Our English speaking lawyer in Turkey ensures nothing is lost in translation—literally or legally. For buyers considering agricultural land or mixed-use developments, co-ownership laws become even more nuanced. See our guide on purchasing agricultural land in Turkey for details.

Joint ownership is particularly problematic in inheritance scenarios where heirs with no personal relationship become sudden co-owners of valuable real estate. Disagreements regarding sale price, renovation, or use often lead to partition lawsuits (izale-i şuyu). Istanbul Law Firm files and defends such cases on behalf of both majority and minority stakeholders. Our Turkish lawyers work with court-appointed experts to determine market value and enforce fair asset division. For heirs based abroad, we also offer remote representation and inheritance restructuring services. With the support of the best lawyer in Turkey, clients can reclaim control over their co-owned property. For a broader view of inheritance rules, see our inheritance guide for foreigners.

2. Common Disputes in Shared Title Deed Property Ownership

Disputes in shared property ownership typically revolve around three core issues: usage rights, revenue sharing, and sale authorization. In some cases, one co-owner resides in the property rent-free while others are excluded or unable to access their share. This often leads to claims of unjust enrichment or abuse of possession rights under Turkish Civil Code. Istanbul Law Firm represents both excluded and residing parties depending on the client’s position. Our lawyer in Turkey files compensation lawsuits or injunction requests to regulate access and restore balance. We also prepare usage agreements that specify who may live on-site, for how long, and under what conditions. For property used as holiday or investment rentals, we recommend a rotation calendar or income distribution clause to prevent conflict.

Revenue distribution issues arise when one party collects rent or benefits from the property without informing or compensating the others. We see this especially in family-owned assets where informal agreements break down after generational shifts or personal disputes. Istanbul Law Firm prepares legal accounting reports and files revenue recovery claims with the Enforcement Court or Civil Court. Our Turkish lawyers also initiate bank record subpoenas and tenant testimony to prove hidden income. These actions are essential to protect the rights of non-resident or foreign co-owners who may lack local oversight. See our resource on eviction procedures for foreign landlords to understand enforcement options.

When one co-owner wants to sell the property and the others object, the only solution may be a partition lawsuit (izale-i şuyu davası) to force division or court-ordered sale. These lawsuits are common but procedurally complex, requiring valuation reports, court hearings, and possible auctions. Istanbul Law Firm handles such cases from petition drafting to auction coordination and funds distribution. Our English speaking lawyer in Turkey keeps clients informed of every step, even if they live abroad. With expert negotiation and litigation, we often reach out-of-court settlements to avoid delays. Our track record makes us a top choice law firm in Istanbul for partition and co-ownership dispute resolution. For co-owned property liquidation strategies, see our real estate litigation guide.

3. Legal Remedies for Co-Ownership Conflicts

When disputes arise among co-owners, Turkish law provides several legal avenues to protect individual property rights. The most commonly used mechanism is the “izale-i şuyu” lawsuit, which allows any co-owner to request the dissolution of joint ownership through either partition in kind or court-ordered sale. In partition by sale, the court appoints an expert to assess market value and conducts an auction where the highest bidder—often one of the co-owners—can purchase the entire property. Istanbul Law Firm represents both majority and minority stakeholders in these lawsuits and prepares all supporting documentation, including share distribution charts and expert valuation objections. Our Turkish lawyers also coordinate interim injunctions to prevent unauthorized property use during the lawsuit. For expats involved in these conflicts, our English speaking lawyer in Turkey provides bilingual case support and representation at all hearings. We regularly handle cross-border co-ownership dissolution for clients in Europe, the UK, and the Gulf region.

In certain cases, litigation is not the best option due to time, cost, or family sensitivities. Mediation is becoming increasingly common in Turkey, especially after the introduction of mandatory pre-litigation mediation in many civil disputes. Istanbul Law Firm offers legal mediation services with certified mediators to help clients reach negotiated settlements on property usage, sale price, or revenue division. This process is confidential, faster than court proceedings, and often more amicable for parties with long-standing relationships. Our team prepares legally binding protocols reflecting the agreement terms, which can later be enforced by the execution courts if needed. With our guidance, many co-owners have avoided prolonged litigation by reaching practical and enforceable solutions. For high-value shared real estate, this method often protects both relationships and investments.

Another powerful tool is the pre-emptive rights protocol (ön alım hakkı), which allows co-owners to be notified and offered the chance to buy out a share before it is sold to a third party. This prevents unwanted outsiders from entering the ownership structure and ensures that all partners are on equal footing. Istanbul Law Firm drafts and registers such clauses with the title deed directorate and integrates them into notarized share agreements. Our law firm in Istanbul also advises foreign co-owners on how to invoke or resist pre-emptive claims based on share valuation disputes. These clauses offer significant control and legal leverage when structured correctly. With the support of the best lawyer in Turkey, co-owners can maintain cohesion while preserving their right to liquidity and fair market exit.

4. Tax Implications and Financial Risks in Shared Property

Shared property ownership in Turkey comes with specific tax obligations and financial risks that many buyers overlook. Each co-owner is responsible for their proportional share of property taxes, capital gains, and inheritance duties—even if another co-owner fails to fulfill their obligations. In cases where tax defaults occur, the government may place liens on the entire property, affecting all owners regardless of individual compliance. Istanbul Law Firm helps clients set up co-ownership frameworks that include internal tax accountability provisions. Our Turkish lawyers also prepare shared financial declarations and notify the municipal authorities about changes in use or tenant activity. To understand broader tax liabilities related to real estate, see our guide on real estate taxation.

One frequent complication involves the failure to declare rental income by one or more co-owners. This creates legal exposure not only for the tax-evading party but also for others who are unaware of the leasing activity. English speaking lawyer in Turkey services are critical in navigating multi-party fiscal compliance, especially when the property is used for Airbnb or seasonal rentals. Istanbul Law Firm assists in preparing revenue-sharing agreements that clarify taxation duties, income distribution ratios, and declaration schedules. We also coordinate with accountants to ensure dual filings for foreign and Turkish tax authorities where applicable. With proper planning, co-owners can avoid fines, audits, and disputes arising from tax inconsistencies.

Additionally, selling a shared property comes with capital gains tax implications that depend on ownership duration, share value, and property type. If one co-owner sells prematurely or undervalues the sale, it can trigger tax inquiries for the remaining owners. Istanbul Law Firm helps clients calculate tax impact scenarios and file corrective declarations to protect against post-sale audits. Our lawyer in Turkey also files tax deferral petitions for special circumstances such as inheritance-based ownership. For multi-country coordination, we work with international tax advisors to ensure compliance with double taxation treaties. Protecting the fiscal integrity of shared real estate requires as much legal precision as ownership registration—and we provide both.

5. Case Studies: Real-Life Disputes and Resolutions

In one case, two brothers inherited a luxury apartment in Antalya through their late father’s estate and became joint owners under elbirliği mülkiyeti. One brother wanted to sell, while the other refused and continued living in the apartment rent-free. Istanbul Law Firm filed a partition lawsuit and obtained a court-ordered valuation. Our Turkish lawyers successfully negotiated a private buyout, allowing the property to remain in the family without public auction. The client avoided litigation costs and preserved family relations. Our experience in inheritance and real estate overlap made this solution both efficient and emotionally intelligent. For more on related family law matters, see our family property rights guide.

Another case involved three foreign investors who jointly bought a seafront villa in Bodrum under a tenancy-in-common deed. One investor began Airbnb rentals without consent, refused to share income, and neglected maintenance costs. Istanbul Law Firm initiated a revenue-sharing lawsuit and filed an injunction to block further unauthorized rentals. Our English speaking lawyer in Turkey worked with property managers to establish compliance and tenant rotation schedules. We also advised on a legal exit strategy for the dissatisfied investor through share sale and conversion to sole ownership. This case underscores how investment success in Turkey depends on strong legal foundations and proactive planning.

In a third matter, a British-Turkish couple co-owned an Istanbul apartment. After separation, they disagreed over sale terms and responsibility for a renovation loan. Istanbul Law Firm filed a dual-track lawsuit seeking both financial accounting and partition of ownership. With support from forensic accountants and architectural experts, we helped the client reclaim costs, remove loan encumbrance, and liquidate their share through a favorable court judgment. Our law firm in Istanbul earned praise for resolving not only the title issue but also securing personal debt release. These real-world outcomes show the value of working with the best lawyer in Turkey for co-ownership protection and strategic exits.

6. Inheritance and Shared Title Deed Complications

Inheritance is one of the most common ways that shared title deed situations arise, especially in Turkey where heirs automatically receive co-ownership shares unless otherwise stated. When a property owner passes away without a will or without designating shares individually, all legal heirs become co-owners with equal authority under elbirliği mülkiyeti. This arrangement can create significant challenges if the heirs live abroad, do not communicate, or have differing plans for the property. For example, one heir may want to sell while another insists on retaining the asset for emotional or investment purposes. Istanbul Law Firm helps resolve such disputes by initiating partition lawsuits or facilitating inheritance restructuring through share transfers. Our English speaking lawyer in Turkey assists heirs with documentation, court representation, and title deed division applications. For a deeper dive into inheritance mechanics, see our inheritance law guide for foreigners.

Another inheritance-related complication involves heirs who are minors, legally incapacitated, or residing in countries with different legal systems. These factors complicate communication, consent, and legal registration procedures for property management. Istanbul Law Firm provides guardianship applications, notarial authorizations, and court petitions to protect the interests of such vulnerable co-owners. We also prepare bilingual consent protocols for heirs who wish to waive their rights or sell their shares. This legal structure helps families avoid future disputes by recording intentions clearly and ensuring fair distribution. Our Turkish lawyers also collaborate with foreign legal counsel when cross-border estate matters are involved. In doing so, we offer full inheritance coordination from probate to title finalization.

In multi-generational inheritance cases, unresolved title issues may remain dormant for years, only surfacing when someone wants to develop, mortgage, or sell the property. At that point, the lack of clarity in ownership can lead to property freezes, valuation disputes, or even litigation among relatives. Istanbul Law Firm conducts title deed audits to identify hidden co-owners, historical encumbrances, and succession record discrepancies. We also prepare title correction petitions to clean the record and enable lawful transactions. Working with a proactive lawyer in Turkey during inheritance transfer ensures that shared title deeds do not become long-term legal traps. Our experience in real estate, family law, and property finance allows us to navigate even the most complicated legacy portfolios with precision and professionalism.

7. Legal Risks When One Co-Owner Defaults on Obligations

When one co-owner of a shared property defaults on financial obligations—such as tax payments, mortgage installments, or utility bills—it can affect the entire property and all stakeholders. Under Turkish enforcement law, creditors may place a lien or initiate foreclosure against the entire asset, even if other co-owners are not at fault. This is especially risky in joint ownership models where legal boundaries between shares are not explicitly defined. Istanbul Law Firm advises clients to clearly define financial duties in co-ownership protocols and to obtain insurance against default-based encumbrances. Our Turkish lawyers also assist in creditor negotiations and litigation to separate legal liability from innocent co-owners. For more on enforcement and debt risk, read our debt enforcement guide.

We have also represented clients who faced bank foreclosure notices for mortgage defaults committed by their partners. In such cases, our legal team requests court intervention to isolate shares, prevent full seizure, or obtain a delay in enforcement. These measures help protect innocent parties and allow time for financial restructuring or share buyouts. Istanbul Law Firm also prepares third-party intervention claims (itirazın iptali davaları) when clients are wrongly implicated in enforcement proceedings. Our English speaking lawyer in Turkey explains each step and prepares bilingual documentation to ensure full client comprehension. Financial risk management is one of the most overlooked but critical aspects of shared property ownership.

For investors who enter co-ownership agreements as part of a real estate partnership, these risks are magnified by commercial complexity. Business disagreements, delayed payments, or market downturns can trigger legal disputes that spill over into asset control. Turkish Law Firm services include drafting investment memoranda, dispute resolution clauses, and structured exit terms to prevent such escalations. We also assist in setting up escrow mechanisms and conditional title transfers that allow recovery in default scenarios. These legal tools provide leverage and protection in both residential and commercial co-ownerships. As a trusted law firm in Istanbul, we deliver strategies that combine contractual clarity with real-world enforceability.

8. Regulatory Reform and Shared Ownership Trends in Turkey

Turkey’s property sector has seen increasing legal interest in regulating shared ownership due to a rise in inheritance disputes, investment syndicates, and multi-heir structures. Lawmakers are now reviewing proposals to simplify co-ownership dissolution, improve title registration processes, and increase transparency in property use agreements. One reform under consideration is digital partitioning of shared deeds, allowing each share to be more easily tracked and transferred. Istanbul Law Firm closely monitors these developments and informs clients of legal changes that may affect their holdings. Our Turkish lawyers also contribute to real estate law advisory committees and legal publications addressing co-ownership reform. For updates on broader legal and compliance trends, see our governance and compliance insights.

We also see a growing trend in alternative co-ownership models such as shared holiday homes, property investment clubs, and retirement co-living projects. These arrangements often involve non-traditional buyers, including foreigners and small-scale investors, who seek legal structures that combine flexibility with protection. Istanbul Law Firm helps structure such deals with detailed co-ownership contracts, buyout clauses, and management agreements. Our English speaking lawyer in Turkey assists with cross-border coordination, ensuring compliance with both Turkish and foreign investment regulations. We believe innovation in ownership should not come at the cost of legal security, which is why we bring institutional-level legal rigor to even private co-ownership deals.

Finally, digitalization of land registry and notary processes is expected to reduce fraud, improve clarity, and accelerate share transfers. New blockchain-based registries and online notary verification systems are being piloted by Turkish authorities. These reforms could drastically improve the transparency and usability of shared title structures. Istanbul Law Firm prepares clients for this shift by offering digital compliance audits and remote access to co-ownership records. Our best lawyer in Turkey services include strategic advisory for high-tech, real estate-backed investment platforms. As the legal framework around co-ownership evolves, our firm ensures that our clients are always one step ahead—legally protected, digitally integrated, and financially secure.

9. Solutions for Foreign Investors in Shared Property Structures

Foreign investors entering shared property agreements in Turkey face additional legal complexities, especially due to cross-border regulations, language barriers, and unfamiliar legal procedures. Without proper planning, these investors may inadvertently sign documents that limit their rights, expose them to tax risks, or create long-term legal entanglements with local co-owners. Istanbul Law Firm offers targeted legal solutions for international clients, including bilingual contract negotiation, title deed due diligence, and legal representation in court. Our English speaking lawyer in Turkey ensures that every document is fully translated and explained before signing, and that all transactions comply with both Turkish property law and the client’s country of residence. We also assist in structuring investment vehicles such as joint ventures or special purpose companies (SPVs) to isolate risk and improve enforceability. These legal precautions are especially important when investing in coastal or high-demand regions where real estate values are rising rapidly.

One effective solution for foreign investors is to establish a legal agreement that outlines share buyback clauses, revenue expectations, and dispute resolution methods. Such agreements can be registered with the land registry or notary and act as legally binding commitments between parties. Turkish lawyers at our firm draft these documents with enforceability in mind, integrating penalty clauses for breach and timelines for asset liquidation. We also assist in selecting appropriate arbitration forums, whether in Turkey or internationally, to ensure fair and timely conflict resolution. Investors who fail to set up this legal infrastructure often find themselves trapped in ownership deadlocks or unable to exit the investment at fair value. That’s why Istanbul Law Firm includes legal risk assessment as part of every investment consultation. See our guide on structured co-ownership and shareholder agreements for more insights.

For high-net-worth individuals or institutional investors, we also offer private legal audits of multi-property portfolios to assess legal exposure and co-ownership conflict potential. This involves a title deed review, contract analysis, and interviews with current co-owners or tenants. Our lawyer in Turkey then delivers a full legal health report, including recommendations for restructuring or litigation strategy. With this roadmap, investors can act confidently, knowing their Turkish assets are not only profitable but also secure. We’ve protected over 200 foreign investors from co-ownership disputes through legal foresight and aggressive court action when needed. As a leading law firm in Istanbul, we ensure that international clients invest with legal clarity and exit with full financial recovery. Legal certainty is the foundation of smart property investment—and we deliver it.

10. Strategic Recommendations for Safe Shared Property Transactions

To safely enter into a shared title deed property transaction in Turkey, legal planning must begin before any funds are transferred or documents signed. First and foremost, conduct a title deed verification (tapu sorgulama) through the official land registry with the help of a qualified attorney. This ensures there are no encumbrances, third-party claims, or ownership discrepancies. Second, all co-ownership terms—usage, sale rights, dispute resolution, and financial obligations—should be documented in a notarized co-ownership agreement. Istanbul Law Firm drafts these documents with clarity and full enforceability. Our best lawyer in Turkey reviews every clause for legal risk, compliance, and long-term viability. See why working with a real estate lawyer is essential.

We also advise clients to register mortgage or lien rights against their co-owner’s shares in certain situations, especially when providing financing or shouldering higher renovation costs. This ensures recovery in case of default or dispute. Additionally, insurance policies should reflect shared ownership and designate all owners as named insureds. Turkish Law Firm services include policy review and coordination with insurance brokers to align legal and financial risk coverage. We also assist in registering separate utility meters and tax accounts to avoid shared liability. These small but crucial steps help reduce misunderstandings and provide solid proof of individual responsibility in joint ownership setups.

Finally, we recommend periodic legal audits every 1–2 years to ensure the shared property agreement remains compliant with updated laws, taxes, and property conditions. Market dynamics, regulation changes, and life events like marriage, death, or relocation can all alter ownership conditions. Istanbul Law Firm offers recurring advisory plans that include property risk updates, legal amendment drafting, and ongoing contract review. Our English speaking lawyer in Turkey keeps foreign clients informed and compliant even from abroad. With our full-spectrum legal support, shared title deed ownership in Turkey becomes not a liability—but a controlled, protected asset.

Frequently Asked Questions (FAQ)

• What is a shared title deed in Turkey? – A legal document showing joint ownership of a single property by multiple individuals.
• Can I sell my share of a co-owned property? – Yes, if you own a divisible share under tenancy-in-common. Joint ownership requires consent.
• What happens if co-owners disagree on selling the property? – You can file a partition lawsuit to force sale or asset division.
• How do I avoid shared title deed problems? – Conduct legal due diligence and have a co-ownership agreement drafted by a lawyer.
• Can a foreigner co-own property in Turkey? – Yes, with proper documentation and within military zone restrictions.
• How is income from co-owned rentals divided? – Based on share ratios unless otherwise specified in a legal agreement.
• Can I prevent another co-owner from using the property? – Only if you have a usage agreement or a court order in place.
• What is izale-i şuyu? – A lawsuit for dissolving shared ownership and forcing sale or partition.
• Who pays taxes in a co-owned property? – Each owner is liable for their portion, but unpaid taxes can affect all shares.
• Can I inherit part of a shared property? – Yes, heirs legally step into the share of the deceased co-owner.
• What if a co-owner is unreachable? – You may file a court request for partition or legal representation substitution.
• Do I need a lawyer to co-own property in Turkey? – Strongly recommended. Legal planning avoids years of disputes and litigation.

Protect Your Shared Property Rights with Expert Legal Guidance

Istanbul Law Firm offers strategic, end-to-end legal services for shared title deed transactions in Turkey. Whether you're resolving disputes or preparing for a new purchase, our Turkish lawyers and English speaking lawyer in Turkey ensure your rights are preserved and your investment is protected at every step.