FAQ: How can I force a sale or division of real property I still co-own with my ex under Georgia law?

Detailed answer

If you and your former spouse still hold legal title together to real property after a divorce, you have several legal paths to separate your ownership interest. The right path depends on facts such as what your divorce judgment says, whose name appears on the deed, whether there is a mortgage or other liens, and whether either party wants to keep the home.

1) Ask the other owner to cooperate (often the fastest and cheapest)

Practical solutions are usually best: negotiate a buyout, refinance to remove one owner from the mortgage, sign a quitclaim deed, or sell the property and split proceeds. A written settlement or post-divorce property agreement that both parties sign can avoid litigation.

2) Enforce or clarify your divorce judgment if it already addressed the property

If the divorce decree assigned the property to one spouse but title never changed, you may be able to enforce the divorce judgment. The family/divorce court that issued the decree often retains authority to enforce its orders. Enforcement may include asking the court to require the other party to sign documents transferring title or to hold the noncompliant party in contempt. You should bring the divorce decree and any related orders to an attorney for advice about enforcement options.

3) File a partition action (a court-ordered division or sale)

If negotiation and enforcement of the divorce decree do not resolve the issue, the usual legal remedy when two or more people hold real estate as co-owners is a partition action. In Georgia, a partition action allows the court to either divide the property physically (partition in kind) if division is practical, or order sale of the property and division of the net proceeds among the owners.

How it works: you file a partition complaint in the county where the property is located. The court will identify all record owners and interested parties, and may appoint commissioners or a referee to survey and value the property. If the property cannot be divided fairly, the court will order a sale and divide the proceeds after paying liens, taxes, and authorized costs.
What the court considers: liens (mortgages), contributions to improvements, and any equitable claims may affect the net division. The court follows statutory procedures for partition and sale.
Where to start: partition is a civil action in the superior court of the county where the property sits.

See Georgia partition law (examples): O.C.G.A. § 44-6-160 et seq. discusses partition remedies and procedures. For a general overview of Georgia’s property division in divorce, see O.C.G.A. § 19-3-3 (division of marital property). (These statutes describe legal frameworks that courts use; an attorney can point to the specific section that applies to your situation.)

4) Other legal remedies to consider

Quiet title actions: if a claim to clear ownership exists (for example, title defects or adverse claims), a quiet title suit can resolve competing claims.
Lis pendens and liens: in limited circumstances you may record notices that protect your interest while a legal action is pending.
Enforcement remedies: if a settlement or court order requires a sale or conveyance and the other side refuses, you can ask the court to enforce the order or find the refusing party in contempt.

Practical consequences to expect

Costs and timeline: partition litigation can take months to more than a year. Expect filing fees, attorney fees, appraisal and surveying expenses, costs of sale, and possible mortgage payoff or credit for contributions.
Mortgages and liens: a mortgage survives the divorce until it is paid or refinanced. A sale typically pays off the mortgage first, with net proceeds divided among owners.
Tax considerations: selling or transferring property can create capital gains or other tax consequences. Consult a tax advisor for specifics.

Helpful hints

Gather documents before you act: deed/title, mortgage statements, property tax bills, the divorce decree and any post-judgment orders, and proof of payments or contributions to the property (mortgage payments, repairs, taxes).
Check the divorce order carefully: if it clearly awarded the property or required conveyance, raise enforcement in the issuing court first.
Consider mediation or negotiation: courts often encourage settlement; a neutral mediator can help craft a buyout or sale plan that avoids court cost and delay.
If you want to keep the property: explore refinancing in your name only (the lender must qualify you) or ask the co-owner to quitclaim their interest in exchange for agreed compensation.
Prepare for court if needed: a partition action requires naming all owners and claimants. If any party is missing or unknown, the court process can include special notice steps.
Ask about attorneys’ fees: Georgia courts may award attorney fees only under certain contracts or equitable circumstances. Factor legal cost risks into settlement decisions.
Get local advice: property and court practice vary by county. Talk to a Georgia real estate or family law attorney about county-specific procedures and likely outcomes.

Key statutory references (for further reading)

Partition and property remedies in Georgia: see O.C.G.A. § 44-6-160 et seq. (partition statutes). Example resource: https://law.justia.com/codes/georgia/ (search for O.C.G.A. “44-6-160” or “partition”).
Division of marital property in divorce: O.C.G.A. § 19-3-3 addresses how courts may divide marital property during divorce. Example resource: https://law.justia.com/codes/georgia/ (search for O.C.G.A. “19-3-3”).

When to talk to an attorney

If the other owner refuses to cooperate, if the divorce judgment leaves title ambiguous, if there are mortgages or business interests tied to the real property, or if you face complex equitable claims, consult a Georgia attorney experienced in real estate and family law. An attorney can advise whether to pursue enforcement of the divorce decree, negotiate a settlement, or file a partition action.

Disclaimer

This content is for general informational purposes and does not constitute legal advice. It explains common legal options under Georgia law but does not apply to all situations. For advice about your specific circumstances, consult a licensed Georgia attorney.