{"id":4592,"date":"2024-06-05T11:00:10","date_gmt":"2024-06-05T08:00:10","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=4592"},"modified":"2024-06-04T10:53:33","modified_gmt":"2024-06-04T07:53:33","slug":"elbirligi-istirak-halinde-mulkiyette-tasinmazlarin-icra-yolu-ile-satisi","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/elbirligi-istirak-halinde-mulkiyette-tasinmazlarin-icra-yolu-ile-satisi\/","title":{"rendered":"Sale of Real Estate Owned by Joint Participation via Execution"},"content":{"rendered":"Sale of Real Estate Owned by Joint Participation via Execution<br \/>\nJoint ownership is a form of ownership in which more than one person jointly owns the entire property. In this type of ownership, each owner&#8217;s share is indeterminate and each has the same rights over the entire property.<br \/>\nWhen enforcement proceedings are initiated due to the debt of one of the partners of a jointly owned immovable property, the creditor may request the sale of this immovable property through enforcement. However, in joint ownership, unlike shared ownership, the partnership on the real estate must first be eliminated.<br \/>\nElimination of partnership:<br \/>\nThe lawsuit for dissolution of partnership is filed in the civil court of peace. In this case, the court decides either to convert the real estate into shared ownership or to sell it. If the real estate is converted into shared ownership, each owner&#8217;s share is determined and recorded in the land registry. If it is decided to sell the real estate, enforcement proceedings continue upon this sale decision.<br \/>\nExecution Sale:<br \/>\nAfter the court decision regarding the dissolution of the partnership becomes final, enforcement proceedings continue where they left off. The bailiff determines the appraised value of the real estate by the expert and initiates the sales process. The sale is made via auction. The property is sold to the person who bids the highest price.<br \/>\nSharing of Sales Price:<br \/>\nThe sale price of the real estate is distributed according to the share ratios of the partners. Since the shares in joint ownership are uncertain, the sales price is distributed according to the share ratios in the inheritance certificate. If there is no inheritance certificate, it is distributed according to the rates determined by the court.<br \/>\nPoints to Consider:<br \/>\n\u2022 The sale of a jointly owned immovable property through execution is possible only after the court decision regarding the dissolution of the partnership is finalized.<br \/>\n\u2022 The sale price of the real estate is distributed according to the share ratios of the partners.<br \/>\n\u2022 If there is no inheritance certificate, the sale price is distributed according to the rates determined by the court.","protected":false},"excerpt":{"rendered":"<p>Sale of Real Estate Owned by Joint Participation via Execution Joint ownership is a form of ownership in which more than one person jointly owns the entire property. In this type of ownership, each owner&#8217;s share is indeterminate and each has the same rights over the entire property. When enforcement proceedings are initiated due to [&hellip;]<\/p>\n","protected":false},"author":12,"featured_media":4593,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4592","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4592","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=4592"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4592\/revisions"}],"predecessor-version":[{"id":4594,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4592\/revisions\/4594"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/4593"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=4592"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=4592"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=4592"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}