One Co-Owner Prevents a Foreign Co-Owner From Using the Property in Turkey: Compensation and Partition Rights (2026 Updated Guide)

A co-owner prevents a foreign co-owner from using jointly owned property in Turkey. Learn about occupation compensation, notice requirements, partition lawsuits, sale of the property and urgent legal remedies.

Foreign nationals frequently acquire shares in Turkish real estate through inheritance, family transfers, investment or joint purchases. A serious dispute can arise when one co-owner takes exclusive control of the apartment, house, land or commercial property and prevents the foreign co-owner from using it. The excluded owner may potentially seek access to the property, compensation for exclusive use, protection of their ownership rights and ultimately termination of the co-ownership through a partition proceeding. The correct strategy depends particularly on the ownership structure, actual use of the property, previous arrangements between the parties and whether the excluded co-owner has clearly demanded the ability to use the property.

Does a Foreign Co-Owner Have the Same Property Rights?

Foreign nationality does not by itself eliminate the rights attached to a legally acquired ownership share in Turkey. A foreign person registered as a co-owner in the land registry can generally exercise the ownership rights attached to that share subject to the applicable Turkish property rules.

The first step should therefore be to obtain and review the current land-registry information.

Can One Co-Owner Use the Entire Property Alone?

The existence of co-ownership does not automatically give one owner an unrestricted right to exclude everyone else. The legal position depends on the type of co-ownership and any agreement or established arrangement governing possession and use.

Exclusive occupation becomes particularly problematic when another co-owner clearly seeks to exercise their own rights but is prevented from doing so.

Determine the Type of Co-Ownership

An important distinction exists between shared ownership with defined shares and other forms of joint ownership arising under particular legal relationships.

The land-registry record and source of ownership should therefore be reviewed before litigation begins.

Inherited Property Frequently Creates Co-Ownership Disputes

Foreign heirs may discover that a relative living in Turkey has occupied an inherited apartment or house for years.

The fact that one heir physically possesses the property does not automatically eliminate the ownership rights of the other heirs.

What If the Foreign Owner Lives Abroad?

Living outside Turkey does not by itself mean that the owner has abandoned the property.

A foreign co-owner can generally exercise relevant legal rights through a properly authorized lawyer in Turkey without permanently relocating to the country.

Can the Foreign Co-Owner Demand Access?

Depending on the property’s physical characteristics and the existing use arrangement, the excluded owner may demand recognition of their right to use the property.

Evidence that access was requested and refused can become important.

Send a Clear Written Demand

Where appropriate, the foreign co-owner should formally communicate that they wish to use the property or otherwise exercise their ownership rights.

A clear written notice can help establish when the other owner became aware that exclusive occupation was opposed.

What Is Occupation Compensation Between Co-Owners?

A co-owner who is excluded from jointly owned property may, under appropriate circumstances, seek compensation from the co-owner who exclusively uses or economically benefits from the property.

In Turkish practice, this type of claim is frequently discussed through the concept of compensation for wrongful or exclusive occupation.

Is Compensation Automatically Payable?

No. Co-owner disputes require careful examination of the circumstances. Whether compensation is recoverable can depend on exclusion from use, previous demands, the parties’ relationship, established use arrangements and recognized exceptions.

The owner should therefore avoid assuming that compensation automatically runs from the date they acquired their share.

The Exclusion-from-Use Requirement Can Be Critical

In many co-owner compensation disputes, it becomes important to establish that the claimant wanted to benefit from the property but was prevented from doing so.

This is one reason why documentary evidence of demands, refusals and communications can be extremely valuable.

How Can Exclusion Be Proven?

Evidence may include formal notices, messages, emails, witness testimony, previous court proceedings, mediation records, changed locks, refusal to provide keys or other conduct demonstrating that the foreign owner was denied use.

The appropriate evidence depends on the case.

What If the Locks Were Changed?

If another co-owner changes the locks and refuses to provide access, preserve messages and other evidence concerning the incident.

The foreign owner should avoid escalating the dispute through unauthorized physical confrontation and instead evaluate appropriate legal remedies.

What If One Co-Owner Rents the Property to Someone Else?

A different problem arises where one co-owner receives rental income from a third-party tenant without accounting properly to the other owner.

The excluded co-owner should investigate the lease, rental payments and allocation of income.

Can the Foreign Owner Claim a Share of Rental Income?

Potentially, depending on the ownership structure, lease arrangement and circumstances.

Bank records, lease agreements and tenant payment information may become important evidence.

What If the Occupying Co-Owner Operates a Business There?

Where jointly owned commercial property is used exclusively for a business, the economic benefit derived from the property may become relevant to the dispute.

The legal analysis should distinguish property-use compensation from claims relating to the business itself.

How Is Compensation Calculated?

Property characteristics, location, usable area, market rental value, period of exclusion and other relevant circumstances may be considered.

Expert examination is frequently important where the parties dispute the property’s rental value.

Can Compensation Be Claimed for Previous Years?

Potentially, but limitation periods, the timing of exclusion, prior demands and the facts of the specific case must be examined carefully.

Foreign owners who discover long-standing exclusive occupation should therefore obtain a chronological review rather than assuming that every historical year can automatically be recovered.

Preserve Historical Evidence

Keep old correspondence, rental advertisements, lease agreements, bank records, utility information and photographs.

Historical evidence can be particularly important when compensation is claimed for earlier periods.

Can the Foreign Owner Force the Other Co-Owner to Buy Their Share?

A co-owner cannot ordinarily impose whatever private sale price they choose on another owner merely because a dispute exists.

The parties can negotiate a voluntary buyout, but if no settlement is possible, termination of co-ownership may become the principal legal solution.

What Is a Partition Action?

A partition proceeding seeks to terminate the existing co-ownership relationship.

Depending on the property and legal conditions, termination may occur through physical division or sale and distribution of the proceeds according to the parties’ rights.

Can a Foreign Co-Owner Request Partition?

Potentially, yes. Foreign nationality does not generally prevent an owner from seeking termination of a co-ownership relationship concerning property lawfully owned in Turkey.

The title structure and any legal restrictions affecting the particular property should nevertheless be reviewed.

Can the Property Be Physically Divided?

Sometimes. Physical division depends on the nature of the property, zoning and technical circumstances.

A large parcel of land may present possibilities that do not exist for a single apartment.

What Happens If Physical Division Is Impossible?

Where division in kind is legally or practically impossible, sale of the property may become relevant within the partition process.

The proceeds are then distributed according to the legally determined ownership interests after applicable costs and adjustments.

Can the Other Co-Owner Stop the Partition Case Forever?

A co-owner’s desire to maintain the existing arrangement does not necessarily mean that another owner must remain indefinitely in an unwanted co-ownership relationship.

However, specific legal or contractual circumstances affecting the right to demand partition should be reviewed.

Is Mediation Required?

Procedural prerequisites applicable to disputes concerning real estate should be checked before filing. Where mandatory mediation applies to the particular dispute, the required procedure must be completed before litigation.

This should be addressed at the beginning rather than after preparing the lawsuit.

Compensation and Partition Can Be Part of the Same Strategy

A foreign owner does not necessarily have to view compensation and termination of co-ownership as unrelated commercial problems.

A practical strategy may involve establishing exclusion, claiming amounts arising from exclusive use where legally available and simultaneously pursuing a permanent solution to the ownership deadlock.

What If the Other Co-Owner Claims There Was an Oral Agreement?

The occupying owner may argue that the foreign co-owner voluntarily allowed exclusive use without payment.

Messages, witnesses, previous conduct and other evidence may therefore become important in determining whether such an agreement actually existed and what its terms were.

What If the Foreign Owner Never Asked for a Key?

This fact can matter, particularly in a compensation dispute.

The entire history should be reviewed to determine whether exclusion can be established through other circumstances or whether a formal demand should now be made.

Can the Occupying Owner Claim Expenses?

Potentially. A co-owner may argue that they paid property taxes, maintenance expenses, repairs or other costs that should be shared.

These claims should be documented rather than automatically deducted from compensation.

Necessary Repairs and Improvements Are Different Issues

Expenses necessary to preserve the property may be treated differently from luxury improvements made unilaterally by one owner.

Invoices, payment records and the nature of each expenditure should be reviewed.

What If the Property Was Renovated Without Consent?

Determine what work was performed, whether it was necessary, whether it increased the property’s value and whether required permissions were obtained.

The renovation dispute should be documented separately from the question of exclusive occupation.

Can the Foreign Owner Sell Their Share?

Depending on the ownership structure and circumstances, a share may potentially be transferred. However, co-owned-property transactions can involve statutory rights and practical valuation issues that should be reviewed before a sale.

Selling a disputed fractional interest may also produce a significantly lower commercial value than resolving the co-ownership first.

Beware of Artificial Transfers

If another co-owner transfers a share strategically during the dispute, obtain updated land-registry information immediately and examine whether the transaction creates additional legal rights or remedies.

Obtain a Current Land-Registry Record

Before sending demands or filing proceedings, confirm the exact owners, shares, mortgages, attachments, annotations and other registered rights affecting the property.

Do not litigate based solely on an old title document.

Check Whether the Property Has Been Mortgaged

A mortgage does not necessarily eliminate the foreign co-owner’s ownership rights, but it can materially affect the economic consequences of a sale or partition.

All encumbrances should therefore be identified early.

Attachments Can Affect the Partition Strategy

If a co-owner’s share is subject to enforcement attachment, the litigation and sale strategy may become more complicated.

The enforcement file should be reviewed alongside the land-registry records.

Obtain a Professional Valuation

Before deciding whether to litigate, negotiate a buyout or request sale, determine the property’s realistic market value.

This also helps evaluate whether a settlement offer is commercially reasonable.

Consider Settlement Before Forced Sale

A negotiated solution can sometimes preserve more value than a contentious sale process.

Possible settlements include one co-owner purchasing the other’s share, sale of the entire property to a third party or an agreed arrangement concerning use and rental income.

Do Not Accept an Artificially Low Buyout Price

An excluded foreign owner may be pressured to sell cheaply because they live abroad or cannot physically use the property.

Independent valuation and land-registry review can substantially improve the owner’s negotiating position.

Foreign Owners Can Conduct Proceedings Through a Lawyer

A properly structured power of attorney can generally allow Turkish counsel to handle notices, mediation and court proceedings within the granted authority.

The precise form of a foreign-issued power of attorney should be checked before use in Turkey.

Evidence Should Be Collected Before Litigation

A strong file may include the title record, inheritance documents where applicable, notices, messages, photographs, rental evidence, bank records, utility records, valuation material and evidence showing who actually occupied the property.

Immediate Legal Strategy

When one co-owner prevents a foreign co-owner from using property in Turkey, the foreign owner should first obtain current title records, determine the ownership structure, document exclusive occupation, make a clear demand where appropriate, preserve evidence of refusal, investigate rental income, calculate potential compensation, obtain a market valuation and evaluate whether a partition proceeding provides the most effective permanent solution.

Frequently Asked Questions

Can one co-owner lock a foreign co-owner out of the property?

Exclusive control can create legal consequences where it unlawfully prevents another owner from exercising their rights. The precise remedy depends on the ownership and use arrangement.

Can the foreign owner demand rent from the occupying co-owner?

Potentially, compensation for exclusive use may be available under appropriate circumstances. Exclusion from use and the history between the parties are particularly important.

Must the foreign owner first demand access?

Prior demand or proof of exclusion can be highly important in co-owner compensation cases, although the precise analysis depends on the circumstances and recognized exceptions.

Can the foreign owner force a sale?

A co-owner may potentially seek termination of co-ownership. Where physical division is unavailable, sale can become the method used to terminate the relationship.

Can an apartment be divided physically?

Usually the practical possibilities are much more limited than with divisible land. The property’s legal and physical characteristics determine whether division in kind is possible.

What happens to the sale proceeds?

Following the applicable process, proceeds are distributed according to the parties’ ownership interests, subject to legally relevant costs, rights and adjustments.

Can the occupying co-owner claim renovation expenses?

Potentially, but the nature, necessity and proof of the expenses must be examined.

Can a foreign owner bring the case without living in Turkey?

Generally, proceedings can be conducted through authorized Turkish legal counsel, subject to proper representation documentation.

What if the occupying co-owner has rented the property?

The lease and rental income should be investigated. The foreign co-owner may have claims depending on the ownership arrangement and circumstances.

What is the most important first step?

Obtain the current land-registry records and document that the foreign co-owner has been prevented from exercising their ownership rights. From there, compensation, access, settlement and partition options can be evaluated together rather than as separate problems.

Client-Focused Legal Support for Foreign Co-Owners in Turkey

Co-ownership disputes can involve exclusive occupation, denied access, unpaid rental income, occupation compensation, inherited property, share valuation and termination of co-ownership through partition or sale. Fırat Fesih Kaya Law Office assists foreign property owners and heirs facing co-ownership disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing title records, documenting exclusion from use, pursuing compensation claims, conducting settlement negotiations and representing foreign owners in partition and related property proceedings.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey