Partition lawsuits (İzale-i Şuyu), are filed to terminate co-ownership of a property when it is owned jointly by multiple individuals, either through shared ownership (joint tenancy) or collective ownership. As RM Legal Consultancy, we provide comprehensive legal consultancy and representation services to our clients in partition lawsuits. Our aim is to ensure the fair and legally compliant termination of co-ownership of the property.
Reasons for Partition Lawsuits
There are various situations and legal reasons that may necessitate the filing of partition lawsuits. These include:
- Disagreement Among Co-Owners:: If co-owners cannot reach an agreement regarding the use, management, or sale of the property, termination of the co-ownership relationship becomes necessary.
- Indivisibility of the Property: If the property cannot be physically divided to allocate shares to each co-owner, a partition lawsuit is filed to resolve the co-ownership.
- Inheritance-Based Co-Ownership: In cases of inheritance where co-ownership arises through collective ownership, heirs may file a partition lawsuit to terminate the co-ownership of the inherited property.
Lawsuit Process and Stages
Partition lawsuits involve complex legal processes with detailed procedures. The stages followed in these lawsuits include:
- Preparation for the Lawsuit: Before filing a partition lawsuit, it is necessary to review the property’s title records, gather required documents, and determine the legal grounds. At this stage, we guide our clients through all preparatory steps.
- Filing the Lawsuit: After the preparation phase is complete, the partition lawsuit is filed in the competent court. The lawsuit petition outlines the legal reasons for the request to terminate co-ownership.
- Court Proceedings: The court evaluates the petition and the evidence presented. The statements of the parties are heard, witnesses are called, and if necessary, an expert examination is conducted. Throughout this process, we provide legal support to defend our clients’ rights effectively.
- Decision and Implementation: The court decides whether the property will be divided or sold to terminate the co-ownership. If division is not possible, the court orders the sale of the property, and the proceeds are distributed among the co-owners. After the decision becomes final, necessary actions are taken to implement the ruling.
Legal Support and Consultancy
- Document Procurement and Review: We assist our clients in obtaining and reviewing all required documents for partition lawsuits and in preparing the lawsuit file.
- Management of the Lawsuit Process: We represent our clients at every stage of the lawsuit process, ensuring that the proceedings progress efficiently and swiftly by handling all necessary legal actions.
- Defense and Representation: We develop defense strategies against the claims made by the opposing party, presenting legal arguments to best protect our clients' rights.
- Settlement and Mediation: In partition lawsuits, if a settlement is reached between the parties, we manage the settlement process and offer mediation services to ensure a fair outcome.
Current Legislation and Legal Developments
Partition lawsuits are shaped by constantly evolving legal regulations and developments. As RM Legal Consultancy, we keep our clients informed about the most up-to-date legal regulations and manage legal processes in line with these changes.
RM Legal Consultancy is by your side in partition lawsuits, offering all necessary legal support to protect your rights and ensure the fair termination of co-ownership.
