FAQ: Responding When a Co-Owner Files a Partition Action in Georgia

Overview: This FAQ explains what a co-owner (co-tenant) of an inherited home should know and can do when another co-owner files a partition action in Georgia. It covers typical defenses, practical steps, and documents to gather so you can make informed decisions about contesting a forced sale or pursuing alternative outcomes.

Quick legal context under Georgia law

In Georgia, actions to divide or sell jointly owned real property are governed by the state partition statutes (commonly cited as O.C.G.A. § 44-6-160 et seq.). Courts generally prefer a partition in kind (dividing the property) when practicable but will order sale and division of proceeds if a physical division is not feasible. For the statutory text and procedures, see the Georgia General Assembly’s code search for these sections: O.C.G.A. § 44-6-160 et seq.. You can also review general court procedures at the Georgia Courts website: georgiacourts.gov.

Primary defenses and responses

Depending on the facts, these are the most common approaches and defenses a co-tenant can raise:

Seek partition in kind instead of sale. Ask the court to physically divide the property if an equitable physical division is possible (this is often argued when the land is divisible without unfairness or severe loss of value).
Negotiate a buyout. Propose that the requesting co-tenant purchase your share at a fair value. Courts often approve buyouts to avoid a public sale that reduces value.
Assert credits and offsets. If you have paid for mortgage payments, property taxes, repairs, or substantial improvements while the other co-tenant did not, ask the court to credit those amounts against your share of proceeds. Keep records and receipts.
Claim exclusive possession and seek rent or accounting. If you have been living in the house and the other co-tenant was excluded, you may be entitled to rent or an accounting of benefits received while you were deprived of possession.
Contest title or raise equitable defenses. If there are title defects, conflicting deeds, or agreements (written or clear verbal agreements) about use, sale, or buyout, you can raise those issues. Equitable defenses (fraud, mistake, duress, or a prior agreement among heirs) may bar or alter partition relief.
Ask the court to stay sale pending settlement or appraisal. You can request a temporary stay or an order for appraisal and accountant’s report so the court can determine fair value before ordering a sale.
File counterclaims where appropriate. Examples include a claim for an accounting, contributions, or to quiet title if the claimant’s title is defective. A counterclaim can change how the court divides proceeds or whether the sale proceeds at all.

Typical court process and timing

Procedures vary by county and court, but common steps include filing the partition complaint, service of process on all co-owners, and a required response from defendants. These civil deadlines are strict (often measured in days from service), so review the complaint immediately and note response dates. The court may order appraisals, mediation, or hearings. If the judge determines division in kind is impractical, the court will order a sale and divide net proceeds among owners according to their ownership shares.

Practical steps to take immediately

Do not ignore the complaint. Missing the deadline to respond can result in a default and loss of rights.
Get counsel experienced in Georgia partition actions and real property disputes. A lawyer can advise on local practice, deadlines, and likely outcomes.
Collect key documents: deed(s), will or probate documents, death certificate for the decedent, mortgage statements, tax records, insurance policies, receipts for repairs or improvements, bank records showing payments, correspondence with co-owners, and any written agreements between co-owners.
Obtain one or more independent appraisals early so you understand market value and can support a buyout or contest an undue low sale price.
Preserve evidence of possession, contributions, and expenditures (photos, utility bills, canceled checks, invoices).
Consider mediation. Courts often encourage or order mediation which can lead to a buyout, shared-ownership plan, or settlement splitting proceeds without a forced sale.

Common pitfalls to avoid

Waiting to organize your records — the stronger your documentation, the better your chance at credits or a favorable settlement.
Assuming sale proceeds will automatically be split equally — ownership shares, credits for contributions, and liens can change distribution.
Attempting to delay indefinitely without a legal basis — courts may sanction obstructive tactics and will ultimately enforce partition rights.

When a buyout is realistic

A buyout may work well when one co-tenant values keeping the property (e.g., due to sentimental or occupancy reasons) and can secure financing to purchase other interests. Use independent appraisals and insist on a clear accounting for liens, unpaid taxes, and reimbursable expenses before completing any buyout.

Costs and practical considerations

Partition lawsuits involve court costs, attorneys’ fees, appraisals, and possible trustee or commissioner fees for sale. Weigh likely net proceeds after those costs against alternatives (buyout or negotiated settlement). Courts can sometimes award costs or fees; discuss fee-shifting possibilities with counsel.

When to hire a Georgia attorney

Get a lawyer if any of the following are true: deadlines in the complaint are approaching, title or ownership shares are contested, there are significant contributions or offsets to document, you occupy the property and face eviction risk, or you want to pursue a buyout or mediation. An attorney will file timely responses, preserve defenses, negotiate settlements, and present evidentiary support to the court.

Helpful Statutory and court resources

Georgia partition statutes (search): O.C.G.A. § 44-6-160 et seq.
Georgia Courts (general information and self-help resources): georgiacourts.gov

Disclaimer

The information in this article is educational and informational only and is not legal advice. It does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Georgia attorney promptly.

Helpful Hints

Review the complaint immediately; note deadlines and get legal help fast.
Gather deeds, wills, probate papers, mortgage and tax records, receipts, and communications between co-owners.
Get at least one independent appraisal before negotiating or litigating value.
Document who has lived in or maintained the property and who paid expenses.
Consider mediation: it’s often faster, cheaper, and less destructive than litigation.
Be realistic about costs: a forced sale can reduce net proceeds after fees and commissions.
If sued, preserve evidence electronically and physically—don’t delete communications or discard receipts.