The dissolution of partnership lawsuit is one of the most common types of lawsuits. In practice, it is often seen among heirs who cannot agree on the use or transfer of ownership rights of immovable property inherited from the deceased. At Ebibli Law Office, we provide professional consultancy services regarding the issues arising from the dissolution of partnership process and meticulously follow up on your lawsuits.
1. What is a Dissolution of Partnership Lawsuit?
A dissolution of partnership lawsuit is a type of lawsuit that terminates co-ownership in movable or immovable property among partners, allowing for the transition to personal ownership. In practical terms, these lawsuits often occur when heirs come together to ensure the sale of the property through the court when they cannot agree on selling it to another party.
2. Who Can File a Dissolution of Partnership Lawsuit?
Each co-owner can file a dissolution of partnership lawsuit against the other co-owner(s), or multiple co-owners can jointly file against the other co-owner(s).
3. Which Court has Jurisdiction and Authority in a Dissolution of Partnership Lawsuit?
The competent court for a dissolution of partnership lawsuit is the peace court (sulh hukuk mahkemesi). The court with jurisdiction is the court in the area where the immovable property subject to co-ownership is located.
4. How is the Dissolution of Partnership Carried Out by the Court?
If the division of the immovable property is possible, the court may decide to divide the property accordingly among the co-owners based on their shares. However, the division of property should not lead to a significant decrease in its value. In cases where division is not possible (e.g., apartments), the court may decide to sell the property through auction. The court evaluates whether the property can be divided according to its condition and circumstances by obtaining expert reports from experts in the field. Factors such as the size of the property, its nature, and the number of co-owners are important in determining this.
If the sale of the property is decided, it is carried out through a public auction. If all co-owners consent, the auction can be held among the co-owners. However, if even one co-owner does not consent, outsiders can participate in the auction.
5. Who Bears the Litigation Costs in a Dissolution of Partnership Lawsuit?
In a dissolution of partnership lawsuit, litigation costs are shared between the plaintiffs and defendants in proportion to their shares. This is because the court decision at the end of the lawsuit affects the interests of the co-owners in a similar manner. Therefore, it is not solely the defendants who bear the litigation costs if a decision for the dissolution of partnership is made.
The dissolution of partnership lawsuit is one of the most common types of lawsuits in Turkey. In practice, it is often seen among heirs who cannot agree on the use or transfer of ownership rights of immovable property inherited from the deceased. At Ebibli Law Office, we provide professional consultancy services regarding the issues arising from the dissolution of partnership process and meticulously follow up on your lawsuits.