Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Georgia for guidance on your specific situation.
What Is a Partition Action?
Under Georgia law, a partition action lets one co-owner force division or sale of property when co-owners disagree. O.C.G.A. § 44-6-160 authorizes tenants in common or joint tenants to file a petition in the Superior Court of the county where the property lies.
When to File a Partition Action
Imagine three siblings inherit a vacation cabin as tenants in common. Two want to keep the cabin; one wants to cash out. If they can’t reach an agreement, the dissenting sibling may file a partition action in the appropriate Superior Court.
Filing the Complaint
The plaintiff (the co-owner seeking partition) files a complaint naming all co-owners as defendants. The complaint must:
- Describe the property (address, legal description).
- Identify each party’s ownership interest.
- Request partition in kind (physical division) or partition by sale.
Partition in Kind vs. Partition by Sale
The court evaluates whether a fair physical division is practical. If it’s not, or if division causes substantial injury, the court orders partition by sale under O.C.G.A. § 44-6-161 . A court-appointed commissioner or the sheriff conducts a public auction. After sale, proceeds are held by the court for distribution.
Distribution of Sale Proceeds
The court directs distribution in two steps:
- Pay court costs, appraisal fees, and sale expenses.
- Divide net proceeds among co-owners based on ownership percentages.
Timeline and Costs
A partition action follows Georgia’s civil procedure rules. From filing to sale, expect several months to over a year. Costs include filing fees, service of process, appraisal and sale commissions, and attorney’s fees if you retain counsel.
Conclusion
In Georgia, a partition action under O.C.G.A. § 44-6-160 et seq. lets a co-owner force sale of jointly inherited property when other owners cannot agree. The Superior Court oversees the process to ensure fair division or sale proceeds distribution.
Helpful Hints
- Confirm whether you hold the property as tenants in common or joint tenants—only these interests qualify for partition.
- Gather deeds, wills, or trust documents showing each co-owner’s interest.
- Consider mediation or negotiation before filing to save time and costs.
- Budget for court filing fees, appraisal and commission charges, and possible attorney’s fees.
- Consult a licensed Georgia attorney early to review strategy and procedure.