Disclaimer

This is educational information only and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Georgia attorney.

Detailed answer: How a partition action works in Georgia

Georgia law allows co-owners of real estate to seek a court-ordered partition when they cannot agree on possession, use, or disposal of the property. The governing statutes are found in the Official Code of Georgia Annotated (O.C.G.A.) on partition actions (see O.C.G.A. § 44‑6‑160 et seq.). You can read the Georgia General Assembly resources at https://www.legis.ga.gov/.

1. Confirm ownership and your legal interest

• Obtain a copy of the recorded deed(s) showing how title is held (joint tenancy, tenancy in common, etc.). Heirs frequently hold title as tenants in common after an intestate distribution or after probate transfers a decedent’s interest.
• If the property passed through probate, verify whether the estate administration is complete and whether the personal representative has already transferred title to heirs. If probate is still open, coordinate with the estate representative.

2. Try informal resolution first

Georgia courts expect parties to attempt negotiation before court filing. Common options include: one owner buying out others, dividing the property physically (partition in kind), or selling by agreement and splitting proceeds.

3. Prepare and file a partition petition in the superior court

If negotiation fails, you file a civil action (petition) in the superior court of the county where the property is located. The petition should:

• Identify the property with a legal description;
• Name all co-owners and any other persons with recorded interests or unknown heirs as defendants;
• State your ownership share and why partition is requested;
• Ask the court to order a partition in kind (division of the land) or, if that is impracticable, a sale and division of proceeds;
• Ask for appointment of commissioners if a physical division is sought and request costs and fees, if appropriate.

4. Service and notice

After filing, you must properly serve every defendant with the summons and petition according to Georgia civil procedure. If any owner’s whereabouts are unknown, the court may allow service by publication or appointment of a guardian ad litem for unknown parties.

5. Court process: commissioners, partition in kind, or sale

Georgia courts may order one of the following:

• Partition in kind: the property is physically divided so each owner receives a portion proportionate to their share. The court typically appoints commissioners (neutral third parties) to draft or carry out the division.
• Partition by sale: if the property cannot be fairly divided (due to size, layout, or impracticality), the court orders a sale and directs how net proceeds will be distributed among owners after paying liens, taxes, and sale costs.

6. Distribution of proceeds and credits

Proceeds from a court-ordered sale are divided according to ownership shares after payment of:

• mortgages and liens that have priority,
• taxes and assessed obligations,
• reasonable costs of partition and sale (including fees for commissioners and the clerk), and
• any credits to which a co-owner is entitled (for payments they made that benefited the property, or improvements).

7. Timelines and appeals

Timelines vary by county and the complexity of title issues. After final judgment, either side may have the right to appeal within Georgia’s appellate deadlines. You should consult an attorney promptly if you plan to appeal.

Relevant statutory references

• Partition statutes: O.C.G.A. § 44‑6‑160 and following sections (partition actions and procedures). See Georgia General Assembly: https://www.legis.ga.gov/.
• For practical court procedures and local filings, check the Superior Court Clerk in the county where the property is located or the Georgia courts site: https://www.georgiacourts.gov/.

Note: statutes use technical language and cross-references. If title is contested, if there are liens, or if heirs are missing or minors, the process becomes more complex.

Helpful Hints

• Get a title search early. A title report reveals mortgages, liens, easements, and other interests that affect division or sale.
• Consider a professional appraisal. A credible market value helps with buyouts, offers, or sale planning.
• Order a survey if dividing physical land is a possibility. Surveys clarify boundaries and buildability.
• Try mediation first. Courts often encourage (or require) mediation to avoid litigation costs and delay.
• Weigh buyout vs. sale. If you want the property, a buyout may cost less than court costs and a forced sale.
• Protect your financial contributions. Keep records of payments for taxes, mortgage, insurance, or improvements—these may justify credits at distribution.
• Watch statute of limitations issues. If adverse possession, quiet title, or stale claims exist, time limits may apply to some remedies.
• Budget for litigation costs. Filing fees, service fees, commissioner fees, appraisal costs, and attorney fees add up; fee-shifting in partition cases is limited unless statute or contract says otherwise.
• If any co-owner is incapacitated or a minor, the court will appoint a guardian ad litem to protect that party’s interest—expect additional steps and delay.
• Consult a Georgia real property attorney for complex title disputes, unclear probate status, or when large sums are at stake.