… TO THE CIVIL COURT OF PEACE

PLAINTIFF:
Name Surname
Turkish Republic ID Number:
Address

REPRESENTATIVE:
Attorney BEHZAT KÜLE
Address

DEFENDANTS:

1. Name and Surname – Address

2. Name and Surname – Address
   (Other stakeholders as partners)

SUBJECT:
of a real estate property, jointly owned by the parties, through sale (Turkish Civil Code Article 698) .

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EXPLANATIONS

1. The property is jointly owned

My client and the defendants are co-owners of the property registered in ... District, ... Neighborhood, ... Island, ... Parcel in ... Province . A copy of the title deed is attached to this petition.

Client's share: …/…
Defendants' share: …/…

2. Shared Use Has Become Impossible

The parties have long been unable to reach an agreement regarding the use, disposal, and management of the property.

• The parties cannot use the property together.

• Due to the share ratios, actual division is not possible.

• Shared use is causing serious disputes.

Therefore, the continuation of the partnership has become unbearable for the client.

3. Pursuant to Article 698 of the Turkish Civil Code, there is a right to terminate co-ownership

Article 698 of the Turkish Civil Code is clear:

📌 "Every stakeholder can request to share."

Under this provision, termination of co-ownership is an absolute right; it is not subject to the consent of the other party.

4. Dividing the property in kind is not possible

The property:

• Physical structure

• Zoning status

• Share ratios

• Economic value

Considering this, an exact division is not possible.

The established precedents of the Supreme Court are also in the same direction:

📌 “If the division of the immovable property is not technically or economically possible, a decision should be made to dissolve the co-ownership through sale.”
(Supreme Court 14th Civil Chamber, Case No. 2017/4288, Decision No. 2017/5983)

Therefore, dissolving the partnership through sale is the only solution.

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LEGAL GROUNDS

Turkish Civil Code Articles 683, 688–700, Code of Civil Procedure, Land Registry Law, all relevant legislation, and Supreme Court decisions.

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EVIDENCE

• Title deed record sample

• Cadastral map

• Zoning status

• Expert examination

• Discovery

• Witness

• All kinds of legal evidence

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CONCLUSION AND REQUEST

For the reasons stated and explained above;

➡ 1. The joint ownership of the immovable property located in ... District, ... Neighborhood, ... Island, ... Parcel in ... Province shall be dissolved by SALE,
➡ The sale shall be conducted by public auction through the File Sales Office,
➡ The proceeds shall be distributed to the parties according to their share ratios,
➡ The court costs and attorney's fees shall be borne by the defendants.

I respectfully request and demand that a decision be made.

Plaintiff's Attorney
, Behzat Küle
(Signature)