Detailed Answer — What a partition action is and how it works under Georgia law

A partition action is a lawsuit filed by one or more co‑owners of real property asking a court to divide the property (partition in kind) or to sell it and divide the proceeds (partition by sale). In Georgia this process is governed by the Official Code of Georgia, Title 44, Chapter 6 (the partition chapter). See the Georgia Code for the partition chapter: O.C.G.A. Title 44, Chapter 6 — Partition of lands among co‑owners.

Who can file: Any person who owns an undivided share of real property — for example, a child who inherited a one‑third interest with two siblings — may ask the Superior Court in the county where the property is located to partition the property.

Main outcomes a Georgia court can order

• Partition in kind: physically divide the land among the owners if it is practical without substantially reducing value.
• Partition by sale: if a fair physical division is impractical or would destroy value, the court can order sale and divide net proceeds among the co‑owners according to their interests.
• Buyout: a co‑owner can buy out others by paying their shares (usually based on appraised value) — courts may approve an allotment to a party on payment of a determined sum rather than a sale.

Step‑by‑step overview of the Georgia partition process

1. Pre‑filing review: Collect deeds, title documents, mortgage statements, property tax bills, insurance policies, any wills or probate orders, and records of payments for mortgages, taxes, or improvements. Get a recent appraisal or a market estimate if possible.
2. Talk first: Consider a demand letter or negotiation. A negotiated buyout or mediated resolution generally saves time and cost.
3. File the complaint: If negotiation fails, file a partition complaint in the Superior Court where the property is located. The complaint should identify the property, list all owners and known lienholders, state each party’s claimed share, and ask the court for partition in kind or by sale.
4. Service: Serve all co‑owners and any lienholders or mortgagees with the complaint and summons. The court cannot proceed until parties are served (or properly notified if parties are absent or unknown).
5. Answer and defenses: Co‑owners can respond, assert ownership claims, raise counterclaims (for accounting, credit for improvements or payments), or seek relief like an allotment instead of sale.
6. Pretrial steps and discovery: The parties exchange evidence about ownership shares, liens, expenses, improvements, and whether a partition in kind is feasible. A court often orders appraisals or appoints neutral commissioners to inspect property.
7. Commissioners and hearing: If the court orders a partition, it may appoint commissioners (or direct a sale). Commissioners report back whether a division in kind is practical; if not, the court orders sale and directs the sale method.
8. Sale and distribution: The sale may be by public auction or by commissioners’ private sale under court rules. Net proceeds pay liens, taxes, sale costs, and court costs; the remainder divides according to ownership shares. The court issues a final order or decree confirming the sale and directing distribution.

How to get a sibling to buy you out

Before or during the lawsuit you can propose a buyout: obtain an appraisal, calculate each owner’s share, and propose a dollar amount. If a co‑owner agrees, they can pay your share and obtain your deeded interest; the court can include such an allotment in its final order if the parties ask the court to approve it and the court finds it fair. If a co‑owner refuses, the court will decide whether to divide the property or order sale and allow co‑owners (including the refusing sibling) to bid at sale.

Common legal issues the court will consider

• Whether physical division is feasible without unfairly reducing value.
• Liens and mortgages: these attach to the property and typically get paid out of sale proceeds.
• Contributions and credits: owners who paid mortgages, taxes, or made improvements may seek credit or reimbursement.
• Occupancy: an occupying co‑owner may owe use-and-occupancy or may be responsible for property maintenance and taxes during litigation.

Where the law is written

The partition rules are in the Georgia Code. For the statutory text and specific provisions, see O.C.G.A. Title 44, Chapter 6: https://www.legis.ga.gov/georgia-code/title/44/chapter/6. For general information on Superior Court jurisdiction and procedure see the Georgia Courts site: https://georgiacourts.gov/.

Timing and cost

There is no fixed timeline. An uncontested buyout or agreed partition can close in a few months. A contested partition with discovery, appraisals, hearings, and sale can take 6–18 months (or longer). Costs include filing fees, service, attorney fees, appraisals, commissioners’ fees, sale costs and possible expert fees. If you win, the court may award costs or allow credits for necessary expenditures, but attorney fees are not automatically awarded unless a statute or contract authorizes them.

Practical outcomes you should expect

• If the property cannot be fairly divided, expect a sale and distribution of net proceeds.
• A co‑owner who wants to keep the property usually must pay the other owners’ fair share (often determined by appraisal or the sale price).
• Liens, mortgages, and unpaid taxes reduce the money available on distribution.

Disclaimer: This article explains general Georgia law and common practice. It is not legal advice and does not create an attorney‑client relationship. For advice about your situation, talk to a licensed Georgia attorney who can review documents and recommend specific steps.

Helpful Hints — Practical tips to prepare and improve your chances

• Gather documents early: deed(s), probate orders, mortgage and tax records, insurance, and receipts for improvements or payments.
• Get a professional appraisal before filing if you want a realistic buyout number.
• Try negotiation or mediation first. Courts often encourage settlement, and a mediated buyout saves legal fees.
• Check for liens and mortgages; contact mortgage lender about how a sale or transfer affects the loan.
• Consider a temporary injunction if a co‑owner is damaging the property or removing assets.
• Keep records of payments you made (mortgage, taxes, utilities) — you may receive credit at settlement or by the court.
• Understand tax consequences: selling may trigger capital gains; a buyout may have different tax results. Talk to a tax professional.
• Ask about a partition bond or security if the property produces rental income while litigation proceeds.
• Confirm filing venue: file in the Superior Court in the county where the property lies.
• Expect negotiation opportunities throughout the case — an agreed allotment or buyout can be presented to the court for approval at many points.

When to consult an attorney

• When ownership is unclear, disputed, or when liens/mortgages complicate the title.
• When large sums or family property with sentimental value are at stake.
• If a co‑owner is refusing reasonable buyout offers or is damaging the property.
• If you need help valuing your share, calculating credits, or protecting rights to occupancy or rental income.