This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Elbirliği ve Paylı Mülkiyet Farkı: Ortak Taşınmazda Kim Ne Yapabilir?.
Turkish law has two forms of co-ownership, and the difference has direct practical consequences: in shared ownership each co-owner has a defined share and may sell it alone; in joint ownership in undivided shares the shares are not defined and every disposition requires unanimity. Property passing by inheritance falls, as a rule, under joint ownership.
You have a share in an inherited property but cannot sell it, while a friend transferred their share in a flat without difficulty. The difference is the form of ownership. TMK means the Turkish Civil Code No. 4721.
The Difference Between the Two
Shared ownership (TMK art. 688): several persons own the whole of a thing that is not physically divided, in defined shares. Unless otherwise determined, the shares are equal.
The critical feature: each co-owner has the rights and obligations of an owner in respect of their own share. The share can be transferred, pledged and attached by creditors.
Joint ownership in undivided shares (TMK art. 701): ownership by persons who own property together by reason of a community arising under statute or a statutory contract.
The critical feature: the co-owners have no determined shares; each one's right extends to the whole of the property in the community.
For that reason, in joint ownership a share cannot be sold, pledged or attached separately.
The community of heirs is the commonest example: the heirs own the estate jointly in undivided shares.
How Decisions Are Taken
In joint ownership (TMK art. 702): the rights and obligations of the co-owners are determined by the statute or contract creating the community. Unless it provides otherwise, both management and disposition require unanimity.
So one heir's objection blocks a sale entirely.
In shared ownership there is a graded system:
- Ordinary management (art. 691): any co-owner may act alone — maintenance, repair, preservation, interrupting prescription.
- Important management (art. 691): decided by a majority in shares and in number — changing the mode of exploitation, letting, changing the type of cultivation.
- Extraordinary management and disposition (art. 692): unanimity — changing the purpose of the property, building works beyond what preservation or ordinary use requires, transferring the whole property or encumbering it heavily.
But to transfer their own share, a co-owner needs nobody's permission (art. 688/3).
| Shared ownership | Joint ownership | |
|---|---|---|
| Share | Defined (1/2, 1/4) | Not defined |
| Sale of a share | Can be sold alone | Cannot be sold |
| Ordinary management | Majority in shares and number | Unanimity |
| Important management | Majority in shares and number | Unanimity |
| Disposition (sale, mortgage) | Unanimity | Unanimity |
| Ending the co-ownership | Action for dissolution | Conversion first, or direct action |
| Right of pre-emption | Exists | Does not exist |
Joint ownership can be converted into shared ownership by agreement of the heirs or by court order, which is what makes a share individually saleable.
Converting to Shared Ownership
Joint ownership locks the property, so the first step is usually to convert it.
TMK art. 703: joint ownership ends on transfer of the property, dissolution of the community, or conversion into shared ownership.
- By agreement. A transaction at the land registry with all co-owners participating. The fastest route.
- By action. Any co-owner may ask the civil court of peace to convert joint ownership into shared ownership.
What conversion achieves: once in shared ownership, each co-owner may sell their share freely or otherwise dispose of it.
But note: on conversion, the other co-owners acquire a right of pre-emption. When a share is sold to a third party they may exercise it.
The more decisive alternative is the action for the dissolution of joint ownership: the co-ownership ends entirely and the property is divided in kind or sold and the proceeds distributed.
Use and Expenses
Benefit (TMK art. 693): each co-owner may use and benefit from the property to the extent compatible with the rights of the others.
In case of dispute, the court determines how it is to be used — which may include dividing the use between the co-owners by time or by area.
This is a very useful power in practice: alternating use, or use divided into parts, can be sought from the court.
Expenses (TMK art. 694): each co-owner contributes to management costs, taxes and other obligations in proportion to their share. A co-owner who has paid more than their share may claim it back from the others.
Sole use: where one co-owner uses the whole property, the others may claim compensation for unauthorised occupation — but as a rule only after a notice excluding them from use. Sending a notarised warning notice first is what founds any later claim.
In joint ownership a share cannot be sold and dispositions require unanimity — a single heir's objection blocks a sale. The way out is conversion to shared ownership or an action for dissolution. Remember that conversion gives the other co-owners a right of pre-emption.
Frequently Asked Questions
Can I sell my share of an inherited house?
Not while joint ownership continues. Conversion to shared ownership, or dissolution of the co-ownership, must come first.
How do I convert to shared ownership?
By agreement at the land registry with all co-owners, or by an action in the civil court of peace brought by any one of them.
How many co-owners are needed to let the property?
In shared ownership letting is important management and needs a majority in shares and number. In joint ownership, unanimity as a rule.
One co-owner uses the property alone. What can I do?
You may claim compensation for unauthorised occupation, but as a rule only after giving notice excluding them from use. You may also ask the court to determine how the property is to be used.
Who pays the expenses?
Each co-owner in proportion to their share. One who pays more may recover the excess from the others.