Detailed answer — How you can force a sale under Georgia law

If you and a family member own an inherited parcel together and that family member refuses to list the property with a realtor or otherwise cooperate, Georgia law provides a statutory remedy called a partition action. A partition action is a lawsuit asking the court to divide the property among co-owners (partition in kind) or, if dividing the land fairly is impractical, to order the property sold and the proceeds divided among the owners (partition by sale).

Key legal authority: partition actions and remedies are governed by Georgia law on partition of real property (see O.C.G.A. Title 44, Property). For a starting reference to the Georgia statutes, see the Georgia General Assembly statutes page: https://www.legis.ga.gov/our-constitution-laws/statutes

Typical steps to force a sale

1. Confirm ownership and legal status. Determine how title is held (probate distribution, deed, tenancy in common, survivorship, joint tenancy, etc.). In most inherited situations where multiple heirs get undivided shares, owners are tenants in common and have the right to seek partition.
2. Try negotiation first. Before suing, offer a buyout, ask for mediation, or present a written plan to list and sell. Courts appreciate showing you made a reasonable effort to resolve the dispute without litigation.
3. Get a professional appraisal. A current market appraisal helps you make a realistic buyout offer or demonstrate the property’s value in court if a sale is necessary.
4. If negotiation fails, file a partition action in Superior Court. File the complaint for partition in the county where the property sits. The complaint names all co-owners and known lienholders and asks the court to partition the parcel. The court will issue summonses and provide notice to defendants.
5. Court will evaluate whether partition in kind is practical. If the land can be physically divided so each owner gets a fair share, the court may order a physical division. If division would be impractical or would unfairly reduce value (e.g., a single-family lot that can’t be split), the court is likely to order a partition by sale.
6. Commissioner or referee may be appointed to handle the sale. When the court orders a sale, it commonly appoints a commissioner or referee to handle the sale process, including advertising, bidding procedures, and closing. The court then supervises distribution of sale proceeds after paying liens, taxes, and approved costs.
7. Distribution and liens. Proceeds are divided according to ownership shares after paying mortgage liens, tax liens, costs of sale, and court-ordered fees. If one co-owner paid more for repairs or taxes, they may ask the court for an accounting before distribution.

What to expect in practice

Partition cases in Georgia are civil matters handled in Superior Court. Timelines vary by county and case complexity; expect several months to over a year in many cases. Costs include court filing fees, service costs, appraisals, possible commissioner fees, and attorney fees. The court may award costs against a party in certain circumstances, but attorney fees are not automatically awarded unless authorized by statute or contract.

Why a realtor refusal does not block a sale

A co-owner cannot permanently block a forced sale simply by refusing to cooperate with a realtor. If negotiation fails, the partition action gives the court authority to order a sale over an uncooperative co-owner’s objections.

When you should not file right away

• If the property has unresolved title problems or liens that must be cleared first, consult counsel before filing.
• If family negotiations are likely to succeed with a modest buyout, litigation might be more costly than helpful.
• If you are the sole heir with clear title (e.g., survivorship deed), a partition action against others may not be the right remedy—title review is essential.

When to get a lawyer

Because partition actions involve property law, title questions, possible liens, and court-supervised sale procedures, most people benefit from consulting a Georgia real-estate or probate attorney early. An attorney can:

• Confirm ownership type and title defects;
• Prepare and file the partition complaint and handle service and notice;
• Coordinate appraisals, mediation, and sale logistics;
• Protect your financial interests and provide procedural advocacy in court.

Important legal pointer: The statutory framework for partition is found in Georgia’s property laws (see O.C.G.A. provisions on partition). For statutes and further official text, start at the Georgia General Assembly statutes page: https://www.legis.ga.gov/our-constitution-laws/statutes

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a Georgia-licensed attorney.

Helpful Hints — Practical next steps

• Gather documents: deed(s), probate order or will, any mortgage statements, tax records, and communications with the co-owner.
• Get an independent appraisal before making an offer or filing suit.
• Put offers and negotiations in writing and keep records of attempts to resolve the dispute.
• Consider mediation or a neutral third-party to preserve family relationships and potentially reduce costs.
• Ask the county Superior Court clerk where the property is located about local filing fees and procedural requirements for partition actions.
• Expect the court to require notice to any mortgage or lienholder; unresolved liens can affect sale proceeds.
• Consult a Georgia real estate or probate attorney early if title is unclear or if the co-owner threatens delay tactics.
• Be prepared for costs: appraisal, filing fees, commissioner/referee fees, closing costs, and attorney fees will come out of the net proceeds unless the court orders otherwise.