Co-Ownership · Inheritance · Family Situations
Co-Ownership & Inheritance Issues When Selling Property in Turkey
Many foreign owners share a property with family members, inherit a property in Turkey, or face questions related to divorce and heirs. This page explains how co-ownership works, what happens when there are multiple heirs, and which steps are needed to sell in complex family situations.Key points at a glance
For co-owned or inherited properties, keep these general principles in mind:- Foreigners and Turkish citizens can legally co-own the same property
- All registered owners or their representatives must approve a sale of the whole property
- Each co-owner can sell their own share, but other co-owners may have pre-emption rights
- Inherited properties require a certificate of inheritance and settlement of inheritance tax
- Minors and elderly heirs may require special court permissions and guardians
- Disputes between co-owners can lead to a court-ordered sale (partition action)
Most asked questions about co-ownership & inheritance
Below you will find the most common questions foreign owners ask about leaving property to children, selling an inherited property, dealing with co-owners, and how divorce or family situations affect the sale.Can I leave my property in Turkey to my children, and can they sell it later?
Yes. A property in Turkey can be passed to your children as inheritance. After you pass away, your heirs will
obtain a certificate of inheritance and update the title deed into their names. Once they are registered as
owners, they may sell the property if all heirs (or their legal representatives) agree. They must also ensure
that any inheritance tax and local property taxes are settled before or at the time of sale.
If I inherit a property in Turkey, do I pay tax when I sell it?
Inheritance itself is subject to inheritance and transfer tax in Turkey, usually paid in instalments over time.
However, when you later sell a property that you received as inheritance, this sale is generally not subject to
capital gains tax because the acquisition was “without consideration” (not a purchase). You still need to clear
any outstanding inheritance tax and regular property tax and follow the normal sale procedure at the Land Registry.
Do all heirs have to agree to sell an inherited property in Turkey?
Yes. Once inheritance procedures are completed, all registered heirs become co-owners of the property according
to their shares. To sell the whole property, every heir (or their authorized representative with a power of
attorney) must sign or approve the sale. If even one heir refuses or cannot be reached, the sale of the entire
property cannot be completed in the usual way and may require a court process instead.
What happens if one of the heirs is a minor (under 18)?
When a minor is an heir, they cannot sign for the sale themselves. A legal guardian (often a parent) acts on
their behalf, and in many cases, the guardian must obtain permission from a court to sell the minor’s share.
The court will typically check whether the sale is in the best interest of the child. These additional steps
can make the process longer, so it is important to plan ahead and work with a lawyer familiar with such cases.
Can foreigners and Turkish citizens be co-owners of the same property?
Yes. Foreigners can co-own property in Turkey together with Turkish citizens. Their names and shares are both
recorded at the Land Registry. The usual limitations for foreigners (such as area limits or restricted zones)
still apply, but within those limits, mixed co-ownership is common and legally valid. All co-owners have equal
rights in proportion to their shares, regardless of nationality.
Can I sell only my share of a co-owned property in Turkey?
As a co-owner, you may sell your own share independently. However, other co-owners usually have a legal
pre-emption right, meaning they may have the first option to buy your share before it is sold to an outsider.
Selling just a share (without selling the whole property) can be less attractive to buyers, so in practice many
owners prefer to sell the whole property together, if agreement can be reached among all co-owners.
What happens if co-owners cannot agree on selling the property?
If co-owners disagree and negotiations fail, one or more co-owners can file a partition action (often called an
“izale-i şüyu” case) in court. The court may order the sale of the property, usually by public auction, and then
distribute the proceeds among the co-owners according to their shares. This process can take time and involves
court costs, so it is generally preferable to reach an agreement if possible before going to court.
What if one co-owner is unreachable or refuses to sign the sale documents?
If a co-owner cannot be located or refuses to participate in the sale, the Land Registry will not transfer the
entire property unless that person’s share is also represented. In such situations, the practical options are
limited: either you convince the person to cooperate (possibly by giving them a larger share of the proceeds),
or you start a court process such as a partition action to force a sale. A local lawyer can advise on the most
suitable legal strategy based on the specific facts of the case.
I am divorced and my ex-spouse does not know I have property in Turkey. Can I sell it and keep all the money?
From the perspective of the Turkish Land Registry, if you are the sole registered owner on the title deed, you
may sell the property and receive the funds. The Land Registry will not normally investigate your marital
property regime abroad. However, your ex-spouse may later make claims in your home country under local family
law. Whether they have a right to part of the value from a legal point of view depends entirely on the rules of
the country where your divorce and matrimonial property regime are governed. For this, you should seek advice
from a lawyer in that jurisdiction.
Does owning or selling property in Turkey automatically affect my residence permit or citizenship status?
Owning a property in Turkey can support a residence permit application, and in some cases, property investment
can form part of a citizenship-by-investment route. However, selling your property does not automatically cancel
your residence permit on the same day; it mainly affects your ability to renew it later under property-based
categories. If you acquired citizenship through investment, you may be subject to minimum holding periods for
your property. These rules change over time, so you should always check current regulations or consult an
immigration lawyer before making decisions based on residence or citizenship status.