Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Georgia for guidance specific to your situation.
Detailed Answer
Under Georgia law, a partition action divides or sells jointly owned real property when co–owners cannot agree on its use. The court may appoint a commissioner to oversee valuation, division, or sale. Key steps include:
1. Filing the Petition
One or more co–owners (petitioners) file a petition in the Superior Court of the county where the property lies. The petition must:
- Identify the property by legal description.
- Name all co–owners and their interest (e.g., tenants in common).
- State whether partition in kind (physical division) or sale is sought.
- Pray for commissioner appointment under O.C.G.A. § 44-6-26.
2. Service of Process
The petitioner must serve each co–owner with a copy of the petition and a summons according to O.C.G.A. Title 9, Ch. 11. Proper service ensures all interested parties can participate and object if needed.
3. Responding and Consent
Co–owners have 30 days to respond. They may:
- File a written consent or joinder agreeing to the partition terms. This speeds up the process by eliminating objections.
- Challenge the petition by filing an answer, raising issues like improper description or valuation.
4. Appointment of Commissioner
After any objections are resolved, the court appoints a commissioner to:
- Inspect the property.
- Obtain appraisals or expert reports.
- Determine an equitable physical division or prepare the property for sale.
The commissioner’s duties and compensation follow O.C.G.A. § 44-6-27 and related provisions.
5. Commissioner’s Report and Objections
Once the commissioner completes the work, they file a written report with the court. The report includes:
- Valuation details.
- Proposed division lines or sale price and terms.
Co–owners receive notice and 10 days to file exceptions or objections under O.C.G.A. § 44-6-27. The court then holds a hearing if needed.
6. Final Order
After resolving exceptions, the court issues a final order confirming the partition or sale and directing how proceeds or property shares are distributed. Each co–owner receives their allotted portion or sale proceeds, minus costs and commissioner fees.
Helpful Hints
- Gather deeds and title documents early to verify ownership shares.
- Discuss informal settlement or mediation before filing to reduce costs.
- Decide whether partition in kind or sale better suits your needs.
- Prepare to fund the commissioner’s fees, appraisal costs, and court filing fees.
- Calendar deadlines for service, responses, and objections strictly.
- Consult with a Georgia attorney experienced in real estate litigation for strategy.