Is One Heir Keeping the Household Belongings? Here Are the Legal Remedies

After the death of a relative, the process of dividing the inheritance is often not limited to real estate and bank accounts. The belongings inside the deceased's home — furniture, appliances, personal items — are also part of the estate and must be shared fairly among the other heirs.

Yet a problem commonly arises in practice: one of the heirs keeps sole possession of the belongings found in the deceased's home and refuses to hand them over to the other heirs. What legal remedies are available in this situation? Could this conduct even give rise to criminal liability beyond a civil dispute?

Summary of the Situation

Upon the death of the deceased, a joint ownership (elbirliği mülkiyeti) arises among the heirs over all rights and debts within the estate. This is a form of ownership in which the heirs hold the estate collectively, and no single heir may dispose of estate assets alone before the division is carried out.

In practice, however, an heir who lived in the deceased's home or holds a key to it may continue to use the household belongings as if they were their own property, and in some cases even sell them. When the other heirs demand the return of these items, that heir may refuse the request.

The Legal Issue

Two fundamental questions must be answered in disputes of this kind:

1. The civil-law dimension: Through which type of lawsuit can the other heirs demand the return of the belongings?
2. The criminal-law dimension: Can an heir's use or disposal of estate property without the consent of the other heirs constitute theft or breach of trust?

What Does the Court of Cassation Say?

Civil Remedies

• Under Article 640 of Turkish Civil Code No. 4721, upon the transfer of the inheritance, a co-ownership covering all rights and debts within the estate arises among the heirs until division (Court of Cassation, 2nd Civil Chamber, E. 2009/625, K. 2009/6776, 2009). An heir's unilateral disposal of estate property without the consent of the others is contrary to this principle (Court of Cassation, 14th Civil Chamber, E. 2015/1903, K. 2015/6462, 2015).
• Where movable property belonging to the estate is in the possession of one heir, an "action for recovery on the ground of inheritance" (miras sebebiyle istirdat davası) may be filed (Court of Cassation, 3rd Civil Chamber, E. 2013/273, K. 2013/5229, 2013). In addition, an "ordinary action for recovery of possession" (adi istihkak davası) may be brought against persons who hold the deceased's assets without a right to do so (Court of Cassation, 7th Civil Chamber, E. 2024/2464, K. 2024/3839, 2024).
• Where an heir uses estate real property or collects the rental income from it, the other heirs may claim ecrimisil (compensation for unauthorized occupation) or compensation arising from management of another's affairs without authorization (Court of Cassation, 7th Civil Chamber, E. 2024/1573, K. 2024/3087, 2024).
• An heir who, without just cause, retains possession of the belongings found in the deceased's home is obliged to deliver them to the other legal heirs. If the belongings cannot be returned in kind, their monetary value may be claimed (Court of Cassation, 2nd Civil Chamber, E. 2008/1775, K. 2009/7362, 2009; Court of Cassation, 4th Civil Chamber, E. 2013/7023, K. 2013/9278, 2013).

The Criminal Dimension

• Under Article 144/1-a of Turkish Criminal Code No. 5237, where the offense of theft is committed against property owned jointly or in common ownership, the offender is liable, upon complaint, to imprisonment of two months to one year or a judicial fine. The unauthorized use of estate assets that have not yet been divided may fall within this scope (Court of Cassation, 2nd Criminal Chamber, E. 2024/16587, K. 2024/22051, 2024).
• Under Article 167/1-b of the Turkish Criminal Code, where offenses such as theft and damage to property are committed between siblings, a "personal immunity from punishment" may apply. However, this does not extend to other offenses such as violation of the inviolability of the home (Court of Cassation, 2nd Criminal Chamber, E. 2022/7579, K. 2022/16399, 2022).
• Where estate belongings are sold or otherwise disposed of without consent, the public prosecutor's office may examine whether the conduct constitutes the offense of "breach of trust", depending on its nature.

Points to Watch

• Proof is essential. The type and brand of the items, and the fact that they were actually located in that home and belonged to the deceased, must be proven with concrete evidence such as invoices, photographs, witness statements, or an inventory list. Claims that cannot be proven carry a high risk of dismissal (Court of Cassation, 3rd Civil Chamber, E. 2019/1980, K. 2019/9843, 2019).
• The competent court is the Civil Court of Peace. This is important in disputes concerning the division of an inheritance.
• The "denial of enjoyment" condition may be required for ecrimisil. For ecrimisil to be claimed on real property subject to joint ownership, it may be necessary to establish that the heir in question prevented the others from enjoying the property (the "denial of enjoyment" condition).
• Be careful about standing to sue. Because the heirs do not hold independent shares while the co-ownership over the estate continues, it is critical to observe procedural requirements such as obtaining the consent of the other heirs or having an estate representative appointed before filing suit.
• An estate representative may be appointed. An action for "determination of the estate" may be filed to identify and safeguard the assets included in the estate, or the appointment of an "estate representative" may be requested to protect the interests of the estate.

Conclusion: What Should You Do?

If one of the other heirs is keeping the deceased's household belongings and refusing to return them, the roadmap to follow is as follows:

1. First, create an inventory of the belongings, supported where possible with photographs, invoices, and witness statements.
2. Send the other party a written request for return; this request serves as evidence of your good faith in any subsequent lawsuit.
3. If the return is refused, consider filing an action for recovery on the ground of inheritance or an ordinary action for recovery of possession, depending on the specifics of your case.
4. If use of real property or rental income is also involved, raise a claim for ecrimisil as well.
5. If there is concrete evidence that the belongings were sold or damaged without consent, preserve your right to file a criminal complaint.

Inheritance law requires a careful strategy due to both the sensitivity of family relationships and technical procedural rules. We recommend seeking support from an inheritance law attorney to manage the process correctly.