How to make a buyout offer to co-owners during a Georgia partition case

Disclaimer: This article explains general Georgia law and common steps people take when trying to buy out co-owners in a partition action. This is educational information only and not legal advice. Consult a licensed Georgia attorney before acting.

Detailed answer — overview and the law

A partition action lets one or more co-owners ask a court to divide or sell real property when the owners cannot agree. Under Georgia law, co-owners may propose agreements that avoid a court-ordered sale. A voluntary buyout is often the fastest way to preserve value and avoid sale costs. The relevant provisions governing partition actions are in the Official Code of Georgia Annotated, Title 44 (Real Property), Chapter 6 (Partition). See the Georgia Code for the statutes that govern partition procedures: O.C.G.A. Title 44, Chapter 6 (Partition).

Can you make a buyout offer before the court orders a sale?

Yes. Co-owners can negotiate and document a buyout at any time, including after a partition case begins and before the court orders a sale. Courts generally favor private settlements that conserve the property’s value and avoid litigation costs. To make a meaningful offer that the court and other parties will accept or consider, present a clear, documented proposal and follow procedural rules for communicating it to the other parties and the court.

Key legal points under Georgia law

Partition actions begin by filing a petition in court; the court can divide the property physically (partition in kind) or order sale if division is impractical. See the Georgia statutes governing partition for the court’s powers and procedures: O.C.G.A. Title 44, Chapter 6.
A private settlement (including buyouts) is permissible and often enforced by the court if parties submit a stipulation or consent order asking the court to approve dismissal or entry of judgment reflecting the agreement.
If the partition petition remains pending, a party proposing a buyout should serve copies on all parties and may file the written offer or a motion asking the court to stay further partition procedures while parties finalize the buyout.

Practical step-by-step: How to make an enforceable buyout offer

Follow these steps to make a clear, persuasive, and legally effective buyout offer in Georgia.

Get a reliable valuation. Order a current appraisal or obtain at least two broker opinions of value. A market valuation helps justify your offer and reduces disputes about fairness.
Decide financing and proof of funds. Determine whether you will pay cash, close with a loan, or use escrow funds. Prepare proof: bank statements, preapproval letters, or a lender commitment.
Prepare the written offer. Put the offer in writing and include: identification of the property; exact purchase price and how allocated among co-owners; proposed closing date; escrow and closing agent information; deposit amount and conditions for the deposit; allocation of closing costs and prorations; contingencies (e.g., title exceptions, inspections); and any deadline for acceptance. Be explicit about whether the offer is contingent on court approval or on withdrawing the partition petition.
Serve the offer on all parties and counsel. In a pending partition case, formally serve the offer on the petitioners, respondents, and any counsel of record. Filing a copy with the court is often wise so the judge knows a settlement effort is underway.
File a motion or stipulation if appropriate. If the co-owners accept, prepare a written stipulation and proposed order that asks the court to dismiss or enter judgment reflecting the buyout terms. If negotiations are ongoing, file a short motion asking the court to stay sale-related deadlines (for example, the scheduling of an auction or a sale hearing) so parties can finalize the buyout.
Use escrow and clear title steps at closing. Coordinate escrow instructions that ensure the property title transfers cleanly to the buyer and that proceeds (after liens and costs) distribute per the agreement and court order if required.
If a party resists, consider mediation. Courts often encourage alternative dispute resolution. Suggest mediation to resolve price or timing disputes rather than proceeding to a forced sale.

Draft language and key clauses to include

Be sure your written offer or agreement includes:

Full legal description of the property and parcel ID if available
Price offered to each co-owner (or percentage basis) and method of payment
Deposit amount, escrow agent, and clearing conditions
Closing date and place; who pays which closing costs
Title condition and responsibility for curing liens
Contingencies (financing, appraisal, inspections)
Deadline for acceptance and method of acceptance
Statement that parties will file a stipulation and proposed consent order to dismiss or reflect the buyout in the pending partition case

What to file in the Georgia court

Depending on timing and the court’s rules, you may file one or more of the following:

A copy of your written offer as part of the case file (serve all parties)
A motion to stay partition sale or sale scheduling if closing needs time
If the parties agree, a stipulation of dismissal (or amended pleadings) and a proposed consent order directing the clerk to carry out the buyout terms

Common responses from other co-owners or the court — and how to handle them

If another co-owner says the offer is too low: provide the appraisal, offer a short mediation, or increase price if feasible.
If a co-owner demands immediate sale: ask the court for a brief stay while negotiations or mediation proceed and show good faith (deposit, appraisal, timelines).
If the court has already ordered a sale date: move quickly to file a motion to continue the sale date and submit evidence of a signed buyout agreement or credible settlement discussion.

Risks and things to watch

Timing — courts may not delay sale indefinitely. Make timely, realistic offers.
Liens and mortgages — payoff amounts reduce proceeds; confirm lien holders will release encumbrances at closing.
Tax consequences — selling your interest or receiving sale proceeds can have capital gains implications; consult a tax advisor.
Enforcement — a signed, court-approved stipulation or consent order provides stronger protection than an informal promise.

Sample brief offer paragraph (adapt for your case)

“Buyer offers to purchase Seller’s one-half (1/2) undivided interest in the property at [street address/legal description] for $[amount]. Buyer will deposit $[amount] in escrow within three business days of acceptance, provide lender preapproval (if financed), close within 30 days, and request that the parties file a stipulation and proposed order in the pending partition case to dismiss the partition action as to this property upon closing. The offer expires on [date/time].”

Helpful hints

Obtain a licensed appraisal. An objective value lowers disputes and helps the court accept a buyout if the matter is presented for approval.
Document proof of funds early. Sellers often resist offers without evidence of the buyer’s ability to close.
Serve everything formally. In pending litigation, informal emails may not protect your rights.
Consider mediation. A neutral mediator frequently breaks deadlocks faster than motion practice.
Ask the court for a short stay rather than a long one. Judges are far more likely to pause a sale for 30–60 days than for an indefinite period.
Get a written agreement and a proposed consent order. Courts prefer clear written stipulations they can enter as orders to finalize settlements in pending cases.
Consult a Georgia attorney experienced in real estate and partition to prepare documents and filings tailored to your county’s procedures and the judge’s preferences.

Where to find the Georgia statutes and more information

Look up the partition statutes in the Official Code of Georgia Annotated, Title 44 (Real Property), Chapter 6 (Partition) for the statutory framework and court powers: O.C.G.A. Title 44, Chapter 6 (Partition). County court rules and local practice also matter; check the local superior court’s website or administrative orders for procedures on filing motions, submission of consent orders, and scheduling sales.