Detailed Answer
When co-owners of inherited real estate cannot agree on its use or disposition, Georgia law lets any tenant in common force a sale or division through a partition action. Under O.C.G.A. § 44-6-160, a tenant in common may file a petition in the Superior Court of the county where the property lies. The petition must identify the property, describe each owner’s interest, and state that the owners cannot agree on its management or sale.
Once the court receives the petition, it issues summonses to all co-owners. If no co-owner objects or physically divides the land within a set period, the court appoints commissioners. These neutral appointees value the property and determine whether it can be fairly divided “in kind”—that is, split into separate parcels reflecting each owner’s share. If a division in kind would impair the value or practicality of the land, the commissioners recommend a sale.
When the court orders a sale, it directs the commissioners to conduct a public auction or sealed-bid sale. The net proceeds, after paying costs, liens, and commission expenses, distribute among the owners according to their fractional interests. A partition by sale avoids indefinite disagreement and secures a market-based resolution.
Key Georgia statutes:
- O.C.G.A. § 44-6-160—Right to maintain partition action.
- O.C.G.A. § 44-6-161—Procedure and appointment of commissioners.
- O.C.G.A. § 44-6-164—Sale and distribution of proceeds.
Filing a partition action forces a neutral, judicial resolution when negotiations stall. It lets the court either divide the land equitably or sell it and split the proceeds, matching each co-owner’s interest.
Helpful Hints
- Review ownership documents: Confirm each co-owner’s share before filing.
- Consider mediation: A voluntary settlement may save time and fees.
- Obtain an appraisal: An independent valuation strengthens your case.
- Plan for costs: Court fees, commission fees, and appraisals reduce sale proceeds.
- Watch deadlines: Georgia Rules of Civil Procedure set strict timelines for responses.
- Check existing liens: Outstanding mortgages or judgments must clear before distribution.
- Consult a Georgia real estate attorney: They guide you through court procedures and protect your rights.