Understanding Co-Owner Rights When Heirs Disagree in Georgia
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When two or more heirs inherit property in Georgia, they typically hold it as tenants in common. Each heir owns an undivided interest and has an equal right to possess the entire property, regardless of their ownership percentage. See O.C.G.A. § 53-1-1.
1. Right of Possession and Use
Every co-owner may live in or use the property without paying rent to the other co-owner(s), as long as they do not exclude them from equal access. If one co-owner desires exclusive occupancy, the court may require rent payments or adjustments under O.C.G.A. § 44-6-100.
2. Partition Action in Superior Court
If heirs cannot agree—one wants to live there and one wants to sell—either can file a partition action in the Superior Court. Under O.C.G.A. § 23-3-1, the court may:
- Divide the property physically (“partition in kind”) if the land can be split fairly;
- Order a sale of the property (“partition by sale”) and distribute proceeds according to ownership shares;
- Allow one co-owner to buy out the other’s interest at a court-determined fair market value.
3. Buyout Option
Often the court will encourage settlement. One co-owner may buy out another by paying their share of the appraised value. This lets the occupier keep the home while compensating the co-owner who wishes to cash out.
4. Costs and Attorney Fees
Court costs and reasonable attorney fees can be allocated between parties. The judge considers factors like each party’s conduct and the complexity of issues raised.
Helpful Hints
- Communicate early: Discuss goals to avoid costly litigation.
- Obtain a professional appraisal: Establish fair market value before talks begin.
- Consider mediation: A neutral mediator can guide a fair settlement.
- Keep records: Document expenses for maintenance, taxes, and improvements.
- Consult a real estate attorney: They can explain procedural steps and timelines.