What is the Elimination of the Joint Ownership Case in Turkey?

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The elimination of the joint ownership has been described as a type of mutual lawsuit that allows the end of the existing joint ownership relationship between the shareholders on movable and immovable  goods(example: vehicle,property,land..etc) which are subject to ownership by shareholding (joint) or cooperation (in case of participation) , and the transition to individual ownership.

What is the Elimination of the Joint Ownership Case?

The elimination of the joint ownership has been described as a type of mutual lawsuit that allows the end of the existing joint ownership relationship between the shareholders on movable and immovable  goods(example: vehicle,property,land..etc) which are subject to ownership by shareholding (joint) or cooperation (in case of participation) , and the transition to individual ownership.

What is the difference between  joint ownership and co-ownership?

The type of ownership, which means that more than one person owns the shares split financially on the movable or immovable property, is called joint ownership.

The type of ownership, which means that more than one person owns the shares are not split financially on the movable or immovable property, is called co- ownership.

In Which Cases Is The Case Of The Elimination Of The Partnership Opened?

For example, if the real estate  which is inherited to four brothers and they  can not decide on a subject about the inherited & joint owned immovable property due to the dispute between the brothers, they may ask the court to eliminate the partnership.

What are the Demands of the Partners in the Case of Elimination of the Joint Ownership?

1. Elimination of Joint Ownership by Sale

2. Eliminating the Joint Ownership by Establishing Freehold Ownership

3. Completion of the Partnership by  Partition

Elimination of Joint Ownership by Sale

If it is not possible to share the real estate or if neither party wants to share it, the partnership  is eliminated by the sales method.

Is It Possible To Eliminate The Joint Ownership on a Real Estate Where it is psossible to establish Freehold Ownership?

It is not possible to eliminate the partnership by sale on a property that has the possiblity to establish freehold ownership.

What is the  Completion of the Partnership by  Partition?

If the parties cannot agree in the case of the elimination of the joint ownership, it will be examined whether it is possible to share the good by the judge in the event that one of the party requests the partition of the partnership. The size, qualification, number of parties, zoning conditions and all other properties of the immovables are examined in order to resolve the partnership by partition.

Is the Sale of the good(s)  getting done in this case?

The sale of the good  is not done in the case of the elimination of the joint ownership . The partnership is eliminated by selling the good(s) through the sales clerk or enforcement office. It is up to the consent of all shareholders to decide whether the auction is done only between shareholders.

How long will it take to resolve the partnership?

The number of parties and the qualification of the file is important here. It is a type of case that has been concluded in approximately 1 year but varies due to the situation. It is important to note that this process can take much longer if there are too many parties in the file or if different claims are made about the goods.

What is Ownership of Innovation?

It is the case where rights are claimed in the buildings on the real estate subject to the case of the elimination of the partnership. With the case of the determination of the ownership of the innovation, the party who opened the case will request the court to determine that the innovation was created by him or that the innovation belongs to him.

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