Detailed Answer
Under Georgia law, co-owners of real property can force a division of the property or sale through a partition action in the superior court. Partitions usually involve tenants in common, where each owner holds an undivided interest. The process follows statutes in Title 44, Chapter 6, Article 2 of the Georgia Code.
- Verify Ownership and Interests
Review deeds, wills, or title reports to confirm each relative’s interest percentage. Establish whether co-owners hold as tenants in common, which permits partition. If title uses phrases like “as joint tenants,” you may need to convert the tenancy (OCGA § 44-6-161). - Prepare a Verified Petition
Draft a petition that includes:- Legal description of the property.
- Names and addresses of all co-owners.
- Nature of each owner’s interest.
- Prayer for partition in kind (physical division) or, if impractical, sale and division of proceeds.
This petition must comply with the Georgia Civil Practice Act.
- File in Superior Court
File your petition in the Superior Court of the county where the property lies. Pay filing fees and obtain a case number. Under OCGA § 44-6-162, the court has jurisdiction to direct partition by division or sale. - Serve All Co-Owners
Serve each co-owner with the petition and a summons in accordance with OCGA § 9-11-4. Service can be by a sheriff or a private process server. Proper service ensures each party has notice and an opportunity to respond. - Respond to Defenses and Objections
Co-owners may contest the method of partition or assert liens and claims. The court will resolve any disputes about valuation, liens, or preferred methods of division. - Attend Hearing and Obtain Order
The court will schedule a hearing. If it finds partition feasible, it issues an order:- For partition in kind, the judge divides the land into parcels proportionate to ownership.
- For sale, the court appoints a commissioner to sell the property at auction. See OCGA § 44-6-164 and § 44-6-165 for procedures.
- Finalize Distribution
After sale, the commissioner files a report. The court confirms the sale and directs distribution of proceeds according to ownership percentages, after satisfying liens, taxes, and fees.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a licensed Georgia attorney.
Helpful Hints
- Confirm the exact legal description from county records before filing.
- Keep all co-owners informed to reduce disputes.
- Consider mediation if co-owners disagree on sale versus physical division.
- Hire a surveyor early if you pursue partition in kind.
- Track deadlines for responses under the Georgia Civil Practice Act.
- Maintain copies of all court filings and service proofs.