Partnership Dissolution Lawsuits

Partition lawsuits deal with rights related to movable and immovable properties held jointly and subject to co-ownership provisions. Partition lawsuits aim to terminate joint ownership of the property and transition to individual ownership; these bilateral lawsuits produce similar results for both parties.

Formation of the parties in the case

The subject matter of the lawsuit consists of movable and immovable properties owned jointly. In lawsuits for the dissolution of co-ownership, all co-owners and shareholders must be present in court, regardless of whether the property is jointly owned or co-owned. The court must pay attention to this matter of party formation ex officio. In the case of deceased co-owners, their heirs are included in the lawsuit.

In the process of verifying party representation, title deeds relating to the properties are requested and examined, and if there are deceased title holders, inheritance documents are requested to verify the complete status of party representation and the existence of other co-owners or heirs outside of the lawsuit.

Rights of the parties

There are no winners or losers in partnership dissolution lawsuits. Both parties have equal rights. A unilateral withdrawal of the plaintiff from the lawsuit does not hinder its progress; the case can only be pursued and concluded with respect to the defendants.

Right to file a lawsuit

In such cases, the right to file a lawsuit is granted to the co-owners of jointly owned movable and immovable property. In joint ownership, the dissolution of the partnership based on a specific share is not possible. Only the entire property can be the subject of the lawsuit. Ultimately, in such cases, a decision is made to dissolve the partnership through the division or sale of the disputed property.

Multiple properties being the subject of the lawsuit

If the lawsuit involves multiple properties, the partition in kind must be examined for each property individually. Without the agreement of the parties, it is not possible to combine multiple parcels into a single parcel and then decide on partition in kind based on that combined parcel.

Decision to sell

If a sale is decided upon, it should be agreed that the proceeds from the sale will be divided among the parties in proportion to their shares. In the case of jointly owned movable and immovable property, the proceeds from the sale are distributed based on the shares specified in the inheritance certificate.

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