What Can Be Done If One of the Siblings Obstructs the Division of the Inheritance?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
The opposition of one of the siblings to the sale of an inherited house, to the transfer of an immovable property to a single heir, or to the partition of the inheritance can lead to prolonged disputes within the family. However, the refusal of one heir to reach an agreement does not by itself prevent the other heirs from resorting to legal remedies.
Attorney Aylin Esra Eren stated that when a dispute arises regarding the division of inheritance, the legal claim must first be determined correctly.
What can the others do if one sibling does not accept the partition?
Pursuant to Article 642 of the Turkish Civil Code (TMK), each heir who is not obligated by law or contract to maintain the community of heirs may, as a rule, demand the partition of the estate. If the heirs cannot reach an agreement, filing a lawsuit for the partition of the inheritance may be considered depending on the nature of the specific case.
If the dispute concerns only the termination of co-ownership over a specific inherited immovable property, an action for the dissolution of co-ownership may also be evaluated. Since the partition of the entire estate and the dissolution of co-ownership over a single immovable property can be legally distinct avenues, the scope of the claim must be formulated accurately.
Can the court decide to sell the immovable property?
If division in kind is possible within the framework of the nature of the immovable property and the relevant legislation, this option may be evaluated. If the division of the immovable property is not possible or would cause a substantial decrease in value, the dissolution of co-ownership by way of sale may come into consideration. The proceeds obtained from the sale are distributed in accordance with the shares of the rights holders.
Nevertheless, it cannot be said that a direct sale order will be issued in every dispute. The physical condition of the property, zoning conditions, demands of the co-owners, and other information in the case file are assessed.
Is mediation required before filing a lawsuit?
In disputes concerning the dissolution of co-ownership, recourse to mandatory mediation is, as a rule, required prior to initiating legal proceedings. If the parties fail to reach an agreement in mediation, they may apply to the relevant legal remedy. The course to be pursued in a dispute regarding the partition of inheritance must be determined separately according to the nature and legal basis of the claim.
Eren evaluated: “The fact that one heir refuses to compromise does not eliminate the legal avenues available to the other heirs to protect their shares. However, prior to filing a lawsuit, the status of the heirs, land registry records, and the desired outcome must be determined accurately.”