Can I force a sale or divide inherited real estate in Georgia when some co-owners ignore me?

Detailed Answer — How partition actions work in Georgia and what to do when owners won’t respond

When multiple people inherit real property in Georgia, they usually hold it as tenants in common (each has an undivided share). If co-owners cannot agree about use, sale, or division, any co-owner may ask a court to divide the property in a partition action. A partition action forces either a physical division (partition in kind) or a sale of the property with proceeds divided among owners.

Which court and what law applies

Partition actions are normally filed in the Superior Court of the county where the property sits. The relevant Georgia statutes are in Title 44 (Property) and the civil procedure rules (for service and parties). See Georgia Code, Title 44, Chapter 6 for the statutory framework for partition actions and the Georgia civil procedure rules for service requirements (OCGA references).

Useful starting statute pages (Georgia General Assembly):
Georgia General Assembly (search Title 44, Chapter 6 and OCGA civil procedure sections)

Who can file?

Any co-owner (including an heir, devisee, or personal representative acting for an estate) can file a petition for partition. If a decedent left a will that disposes of the property, the person with the legal title or interest (estate representative or devisee) should be listed as a plaintiff or joined in the case as necessary.

What if some owners won’t respond or can’t be found?

Nonresponsive, absent, unknown, or incompetent owners do not block a partition action. Georgia courts have procedures to bring them into the case and allow the action to proceed:

Service of Process: You must attempt proper service on each co-owner under Georgia’s civil procedure rules. When personal service fails, the court permits substituted methods (mail to last known address, posting) and, in limited cases, service by publication. See the civil rules on service and OCGA provisions on notice. (Service by publication is a statutory remedy when personal service is impracticable.)
Unknown Owners and Heirs: If you cannot identify all persons with an interest, you must describe your search efforts in the complaint. The court may allow service by publication and may appoint a guardian ad litem or an attorney to represent unknown or missing parties’ interests.
Infants or Incapacitated Persons: The court will appoint a guardian ad litem or other protective representative to ensure their interests are protected before the property is divided or sold.

Typical steps in a Georgia partition action

Prepare the complaint for partition and name all known owners, heirs, lienholders, and anyone with a recorded interest in the property. Describe the property and state each owner’s claimed interest.
File the complaint in Superior Court in the county where the property is located. Pay filing fees and request summonses for all defendants (co-owners and lienholders).
Attempt service. If a defendant cannot be served personally, follow Georgia civil procedure rules for substituted service or seek service by publication after demonstrating due diligence in locating the person.
Wait for responses. If owners respond, the court may encourage settlement, mediation, or negotiation of a buy-out or division. If owners do not respond after proper service, the court may enter default against them and proceed without their participation.
Discovery and valuation. The court may appoint a commissioner or appraiser to value the property and determine whether a partition in kind is feasible or whether sale is necessary.
Partition in kind vs. partition by sale. If the property can be fairly divided, the court may order physical division. If division would be impractical or inequitable, the court usually orders a sale and divides the proceeds (after paying liens and costs) according to each owner’s share.
Final accounting and distribution. The court enters a final order directing distribution of sale proceeds or allocating divided parcels to owners.

Dealing with missing or hostile co-owners — practical approaches

If owners won’t communicate, serve them properly and move forward. The court can proceed even when people ignore the case if service is proper.
If owners are missing, hire a title or heir-search service to locate them and document your search — the court will want to see good-faith efforts before allowing service by publication.
Consider seeking a sale instead of a complicated in-kind division when one or more co-owners are absent. A sale is frequently simpler and cleaner.
If you want to keep the property, offer a buyout based on an appraisal. Putting a fair written offer on the table may prompt cooperation and avoid litigation costs.

Costs, timing, and risks

Partition actions can take months to over a year depending on locating parties, scheduling appraisals, and court docket congestion. Expect costs for filing, service attempts, appraisals, commissioner fees, attorneys’ fees (if you hire counsel), and court costs. If co-owners have liens or mortgages, the court will address those liens out of sale proceeds.

Key Georgia statutes and rules to consult

Look up:

OCGA Title 44, Chapter 6 — Partition of Real Estate (statutory rules governing partition actions). See the Georgia General Assembly site for the official OCGA text: https://www.legis.ga.gov (search “OCGA Title 44 Chapter 6” on the site).
OCGA and Georgia Civil Practice Rules on service and parties (for substituted service and publication). See the Georgia General Assembly site and the Official Code sections governing service procedures (search OCGA §9-11-4 and related sections).

When to get a lawyer

Consider hiring an attorney if:

You cannot locate other owners after reasonable effort.
The property has mortgages, liens, or complex title issues.
Disagreements are entrenched or one or more owners are likely to contest valuation, ownership share, or the legality of an attempted sale.
You want to speed up the process and avoid procedural mistakes (service errors, improper notice) that can delay the case.

Helpful Hints

Gather documents first: original deeds, the decedent’s death certificate, probate documents (if any), prior wills, tax records, mortgage statements, and any communications with co-owners.
Check probate: confirm whether the property already passed via probate or title transfer — the probate file can list heirs and personal representative contact information.
Run a title search and a county tax/parcel search to identify all recorded owners and liens before filing.
Document your efforts to contact missing owners: certified mail receipts, emails, phone logs, and investigator reports — courts expect evidence of due diligence before allowing service by publication.
Consider mediation or a neutral appraisal early — a fair valuation and an offer may resolve disputes without litigation.
If cost is a concern, remember that a court-ordered sale divides costs among owners; but litigation still creates expenses that reduce net proceeds.
Ask the local Superior Court clerk about local procedures and filing fees. Clerks can tell you where to file and may provide general procedural forms (not legal advice).

Short checklist to get started: identify co-owners; order title and tax records; search for heirs; draft and file a partition complaint in county Superior Court; attempt service; seek default or continue with valuation and sale/partition.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Georgia attorney who handles real property and probate/partition matters.