When a dispute arises over an inherited property or an asset belonging to multiple people, one of the most frequently resorted legal remedies is the lawsuit for the dissolution of partnership. This lawsuit ensures the division or sale of assets among joint owners within the scope of both co-ownership and joint ownership. Commonly known by its legal name as an izale-i şuyu lawsuit, it is frequently encountered in practice.
What is a Lawsuit for the Dissolution of Partnership?
In joint ownership, all parties are stakeholders in a movable or immovable property. If the partners cannot agree and the division of the property is not possible, this issue can be resolved by filing a lawsuit for the termination of joint ownership. At the end of the lawsuit, either the property is divided in kind or converted into cash through a sale procedure and distributed among the parties.
Which Court is a Partition Suit Filed In?
These lawsuits are filed in the Magistrates' Court of the place where the property is located. If real estate is involved, it is mandatory to file the lawsuit in the province or district where the real estate is situated. For example, for a property located in Ankara, the lawsuit is filed in the Magistrates' Court in Ankara.
Valuation in the Lawsuit for the Dissolution of Partnership
The court appoints an expert to determine the value of the property prior to sharing or sale. With the expert report, the immovable or movable property market value is determined. This value serves as a reference point during the sales process.
Sales Procedure in a Lawsuit for the Dissolution of Partnership
If physical partition is not possible, a decision is made to terminate the partnership through a sale. The sale is generally by public auction, and this process is carried out in the form of partition of property auctions. If there is the consent of all co-owners, the property may also be sold exclusively among the co-owners.
Can a Lawsuit for the Termination of Partnership be Filed in Co-ownership?
Yes, under joint ownership, each stakeholder can file this lawsuit for the property corresponding to their own share. Even if one of the partners files the lawsuit, if they waive their claim while the lawsuit is ongoing, the other partners can continue the lawsuit.
How long does a lawsuit for the termination of co-ownership take?
The lawsuit for the dissolution of the partnership generally involves a lengthy judicial process. In practice, the conclusion of these cases can take between 2 to 3 years. The duration can be even further extended due to reasons such as a high number of parties, stakeholders residing abroad, changes in heirs, and objections to expert reports. In order to prevent the process from being unnecessarily prolonged, it is important that the case is professionally monitored from start to finish.
Solicitor's Fee in a Partition Suit
The attorney's fee for a lawsuit for the dissolution of a partnership, every year Minimum Wage Tariff announced by the Union of Turkish Bar Associations determined by. The fee may vary depending on the type of goods and the level of difficulty of the litigation process. At our office in Ankara in cases in the field of inheritance law We provide our clients with professional service from the beginning to the end of the process.
Cases Where a Lawsuit for the Termination of Partnership Will Not Be Filed
This lawsuit cannot be filed in certain special circumstances. For example, if there is a partnership agreement regarding the property and this agreement stipulates that sharing or sale cannot take place for a certain period of time, the lawsuit cannot be filed. In addition, there may also be limitations between the parties, such as the right of pre-emption.
Grounds for Dismissal of the Action
If the division of the property is technically possible and a sale is requested even though there is no need for a sale, the lawsuit may be dismissed in this case. Furthermore, failure to rectify deficiencies in lawsuits that have not been filed in due form may also necessitate dismissal.
Discontinuation of the Lawsuit for the Dissolution of Partnership
The claimant may withdraw their claim, but this does not mean that the entire proceedings will come to an end. If other partners wish to continue with the lawsuit, the court may carry on the proceedings. This situation is particularly common in inheritance cases.
Appeal and Cassation Process
Following the decision rendered by the court of first instance, the parties may appeal the judgement. As for the decision of the regional court of appeal, a further appeal may be made to the Court of Cassation. This process can extend the total duration of the lawsuit.
Operating in Ankara, our law firm offers comprehensive support to its clients, particularly in disputes arising from co-ownership and in partition of property lawsuit processes. If you also wish to withdraw from a partnership in a movable or immovable property or protect your rights, proceeding with expert support will make the process easier.
