Disclaimer: This is general information, not legal advice. Laws change and every fact pattern differs. Consult a Georgia attorney before starting a court action.
Quick answer
In Georgia you can force a sale or division of jointly owned real estate by filing a partition action in superior court. If the court finds physical division (partition in kind) is impractical or unfair, it can order a sale and divide the proceeds among owners according to their ownership shares. Co-owners often try negotiation, buyouts, or mediation first because partition actions can be costly and take months to years.
How partition works in Georgia (plain English)
When two or more people own land together but cannot agree on use or disposition, Georgia law allows any co-owner to ask the superior court to divide the property. This process is called a partition action. The court has two primary remedies:
- Partition in kind: physically divide the land into separate parcels so each owner gets a portion.
- Partition by sale: sell the entire parcel (usually at public sale or private sale supervised by the court) and distribute the money to the owners in proportion to their ownership shares.
Relevant Georgia law
Georgia’s statutes governing partition are in Title 44 (Property), Chapter 6. See the statutes for details and specific procedures; you can search the Official Code of Georgia Annotated at the Georgia General Assembly website, for example: O.C.G.A. § 44-6-160 et seq.. Those sections describe who may bring an action, how to name parties, appointment of commissioners and sale procedures.
Typical steps to force a sale or division under Georgia law
- Confirm ownership and shares. Review the deed, will, probate records, and any title report to identify who holds legal title and in what form (tenancy in common is most common for unrelated family members). If the deed does not specify shares, the court will usually presume equal shares.
- Try to resolve outside court. Send a written demand proposing options: voluntary partition deed, sale with proceeds split, one owner buying out the others, or mediation. Courts prefer when parties try to settle.
- File a partition complaint in superior court. If negotiation fails, a co-owner files a complaint for partition naming all co-owners and other parties with interests (mortgage holders, lienholders, heirs). The superior court has jurisdiction over real property partition in Georgia.
- Service and responses. The court serves the complaint on all defendants. Defendants can assert defenses, counterclaims (e.g., adverse possession claims), or seek adjustments for improvements or payments made.
- Appointment of commissioners or referees. If the court orders partition in kind but the property cannot be divided equally, the court appoints commissioners or a referee to survey, value, and recommend a division or sale plan.
- Partition in kind vs. sale decision. The court decides whether a physical division is practical and fair. If division would significantly impair value or is impracticable, the court typically orders a sale and distributes proceeds after paying liens, costs, attorney fees, and statutory commissions.
- Sale and distribution. The sale may be a public auction or a private sale approved by the court. After sale, the court accounts for expenses, credits for payments or improvements, and then distributes net proceeds according to ownership interests.
- Title clearing. The court issues an order and a final judgment of partition and sale. That judgment can be recorded to clear title for the buyer and the former co-owners.
Practical issues and common complications
- Ownership form matters. Partition applies to co-owners (commonly tenants in common). If the property is owned as a tenancy by the entirety (only between spouses), partition law does not apply the same way.
- Minors or incapacitated parties. If some co-owners are minors or legally incapacitated, the court requires appointment of guardians or guardians ad litem to protect their interests.
- Liens, mortgages, and unpaid taxes. The court pays valid liens from sale proceeds before distributing money to owners.
- Improvements and credits. The court can give credit for necessary repairs, taxes paid, or improvements one co-owner made. Expect accounting disputes.
- Costs and timeline. Partition actions involve filing fees, service costs, surveyor/commissioner fees, court costs, and attorneys’ fees. The case can take many months or longer if contested.
- Tax consequences. A sale triggers capital gains and potential allocation of tax basis among owners. Consult a tax advisor before completing a sale.
Hypothetical example
Imagine four siblings (A, B, C, and D) and two adult children (E and F) inherited 50 acres as tenants in common, each with a 1/6 share. A wants to sell. A first offers to buy others out and proposes mediation. When that fails, A files a partition action in the superior court where the land sits. The court appoints commissioners; they report that splitting 50 acres into six economically viable parcels is impractical because of one large stream and a single road access. The court orders a sale. The property sells; the court pays off a mortgage and sales costs, credits expenses paid by C for fencing, and distributes the net proceeds according to each owner’s 1/6 share, adjusted by the credits ordered by the court.
Alternatives to court partition (save time and money)
- Negotiate a buyout where one or more co-owners buy others at an agreed price.
- Sell the property by mutual agreement and split the net proceeds.
- Use mediation to reach a compromise (mediated buyout, sale terms, or phased sale).
- Create a co-ownership agreement to manage use, income, and eventual sale (prevents future disputes).
When to hire a Georgia attorney
Hire a Georgia real property attorney if:
- Owners refuse to negotiate or there are many owners and complex title issues.
- There are minors, incapacitated owners, or competing claims (liens, adverse possession).
- You need help valuing the property, handling tax and lien priority issues, or preparing for court.
Helpful hints
- Collect the deed, wills, probate records, mortgage statements, property tax bills, and any written agreements before talking to an attorney.
- Ask for a preliminary title search to identify liens or other claims against the property.
- Try mediation early—courts and judges often favor parties who attempted good-faith resolution.
- Get at least one professional appraisal if you plan to negotiate a buyout or need help establishing fair market value for the court.
- Be prepared for costs: court filings, surveys, commissioner fees, and attorneys’ fees can reduce net proceeds from a forced sale.
- Understand tax implications: a partition sale still may trigger capital gains for each owner; consult a tax professional.
- Keep communication written: demand letters, settlement offers, and documented expenses help the court if the dispute becomes litigated.
For the exact statutory language and procedures, search the Official Code of Georgia Annotated for the partition provisions: O.C.G.A. § 44-6-160 et seq.. For court procedures and filings, contact the superior court clerk in the county where the land sits or consult a Georgia real property attorney.