What Happens If an Inherited House Is Not Wanted to Be Sold?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
A disagreement among heirs regarding the sale of an inherited house can lead to the real estate remaining under joint ownership for years. While one of the siblings may wish to retain the house, other heirs may want to receive their shares or sell the property. In such a situation, the legal remedy varies depending on the type of ownership and the scope of the request.
Attorney Aylin Esra Eren stated that the fact that one heir does not wish to sell the house does not mean that the sale will be definitively prevented in every case.
What can the other heirs do if one heir does not want to sell the house?
If there is joint ownership (elbirliği mülkiyeti) among the heirs over estate assets, the rights on the real estate are, as a rule, exercised jointly until division. It may not be possible for one heir to sell the entire house alone. Conversely, when the necessary conditions are met, the other heirs may resort to legal remedies for partition or the dissolution of the co-ownership.
If it is possible to divide the property in kind, the court may consider this option. If division in kind is not possible, the dissolution of co-ownership through sale may come onto the agenda. The sale proceeds are distributed in accordance with the respective shares.
Can the house be left to one of the heirs?
If the parties reach an agreement, the house can be allocated to one of the heirs based on a valuation, and payments can be made to the other heirs in exchange for their shares. This method can resolve the dispute once the necessary agreement and land registry procedures are completed.
If an agreement cannot be reached, the court evaluates the options of division in kind, allocation to a single heir with equalization payment, or sale, according to the specific circumstances of the case. It cannot be stated that the same outcome will arise in every file.
Can the sale be prevented if a sibling lives in the house?
The fact that an heir resides in the house does not, on its own, eliminate the right of other heirs to demand partition. However, the property's character as a family home, the rights of the surviving spouse, the usage of the real estate, and other special circumstances in the file must be examined separately. It may also come into question that the surviving spouse requests the allocation of the family home to themselves under the statutory conditions.
Eren said, “If the sale of the inherited house is not desired, remedies such as purchasing the shares of the other heirs or leaving the real estate to one heir can be evaluated first. If an amicable settlement is not possible, legal application options should be determined according to the characteristics of the real estate.”
Reminding that, as a rule, mandatory mediation must be applied to prior to filing a lawsuit for the dissolution of co-ownership, Eren stated that obtaining the title deed records and certificate of inheritance in advance would help conduct the process smoothly.
October 30, 2026 — What happens if one of the siblings objects to the sale of an inherited house?
Attorney Aylin Esra Eren
If one of the siblings does not want the inherited house to be sold, can the sale be prevented?
No. An heir's objection to the sale does not eliminate the right of other heirs to request the dissolution of the partnership.
Pursuant to Article 640 of the Turkish Civil Code, heirs jointly own the estate until the inheritance is partitioned. As a rule, heirs act together. However, if an agreement regarding partition cannot be reached, legal remedies can be resorted to.
Is the approval of all siblings required for the sale of an inherited house?
In terms of the amicable sale of the immovable property among the heirs and its transfer in the title deed, the participation or proper representation of all right holders is required.
However, in a lawsuit for the dissolution of partnership, the approval of all heirs for the sale is not required. The court can decide how the partnership will be dissolved by evaluating the legal conditions.
How is a lawsuit for the dissolution of partnership filed?
Any of the heirs can file a lawsuit for the dissolution of partnership by showing the other heirs as defendants in the civil magistrates' court (sulh hukuk mahkemesi) at the location of the immovable property.
Before filing the lawsuit, the mandatory mediation process must be completed depending on the nature of the immovable property and the situation of the parties.
The court first evaluates whether the immovable property can be partitioned in kind (aynen taksim). If the division of the property is not possible, the dissolution of the partnership through sale can be decided.
If the heirs cannot agree, after the mandatory mediation process is completed, a lawsuit for the dissolution of partnership can be filed in the civil magistrates' court at the location of the immovable property.
First, the legally mandatory mediation process is completed. If an agreement cannot be reached, a lawsuit can be filed in the civil magistrates' court at the location of the immovable property. The court may decide on the dissolution of the partnership through sale if partition in kind is not possible.
Does the court put the house up for sale directly?
No. First, the possibility of partition in kind is investigated. The physical structure, zoning status, surface area, and economic value of the immovable property are taken into consideration.
If the division of the immovable property is not possible or if the division will lead to a significant loss of value, the path of sale can be chosen. The sale is usually carried out via auction. If all stakeholders consent, it may also be possible for the sale to be made solely among the stakeholders.
If one of the siblings is living in the house, what can the other heirs do?
An heir's single-handedly using the immovable property does not eliminate the ownership rights of the other heirs.
If the conditions are met, other heirs can claim ecrimisil (compensation for occupational use). However, for this, issues such as the manner of use of the immovable property, whether the other heirs' use has been prevented, and the condition of exclusion from use (intifadan men) must be evaluated.
What should be done if one of the heirs has been preventing partition for years?
It should not be thought that other heirs are obliged to wait indefinitely. First, the certificate of inheritance (mirasçılık belgesi), title deed records, and other documents related to the estate must be obtained.
Then, if amicable partition is not possible, the mediation and dissolution of partnership process should be evaluated.
Does a sibling's objection to the sale prevent the sale of the immovable property?
In an amicable sale, the participation or proper representation of all right holders is required. However, an heir's objection to the sale does not eliminate the right of other heirs to request the dissolution of the partnership.
Does the court decide on the sale of the immovable property?
The court first investigates the possibility of partition in kind. If the immovable property cannot be divided or if division will cause a significant loss of value, the dissolution of the partnership through sale can be decided.
If a sibling is living in the house, what can the others do?
Other heirs can claim ecrimisil if conditions exist. However, this claim requires the evaluation of legal conditions such as the prevention of benefit from the immovable property and exclusion from use (intifadan men).
Does a sibling's objection to the sale hinder other heirs?
Participation of all right holders is required in an amicable sale. However, the objection of one heir does not eliminate the right of other heirs to request the dissolution of the partnership.
If a sibling is living in the house, can other heirs request a sale?
Yes. The dissolution of the partnership can be requested. The court evaluates whether partition in kind is possible.
Does the court necessarily put the house up for sale?
No. The nature, divisibility, and loss of value of the immovable property are taken into account. If partition in kind is not possible, the dissolution of the partnership through sale can be decided.
For general informational purposes. The documents, application routes, and deadlines of the specific case must be evaluated separately.