Forcing a Sale or Division of Family Land in Georgia: How Partition Actions Work
Disclaimer: This is general information, not legal advice. Laws change and every fact pattern differs. Consult a Georgia attorney before starting a court action. Quick answer In Georgia you can force a sale or division of jointly owned real estate by filing a partition action in superior court. If the court finds physical division (partition […]
Read article →Filing a Partition Lawsuit in Georgia — Step-by-Step Guide
FAQ: Court-Ordered Partition of Real Property in Georgia Short answer: When co-owners cannot agree on dividing real property, a co-owner may ask a Georgia court to partition the property — either by physically dividing it (partition in kind) or by selling it and dividing the proceeds. The action is governed by Georgia law on partition […]
Read article →Filing a Partition Action in Georgia to Force Sale of an Inherited Land Interest
Can I force the sale of my inherited share of family land in Georgia? Short answer: Under Georgia law, a co-owner can ask the superior court to partition real property when owners cannot agree. If the court finds the land cannot be fairly divided in kind, it can order a sale and divide the proceeds […]
Read article →Georgia: Requesting a Commissioner to Handle a Private Sale in a Partition Action
Detailed Answer This answer explains how Georgia courts handle partition-by-sale and the role a court-appointed commissioner, and whether a court will approve a private sale to a specific buyer. This is an educational summary only and not legal advice. Statutory framework Georgia law permits partition of real property when co-owners cannot agree on possession or […]
Read article →Georgia: Can I Negotiate a Buyout of My Co-Owner’s Share Instead of Filing for Partition?
How to Buy Out a Co-Owner Instead of Forcing a Partition in Georgia Short answer Yes. Under Georgia law, co-owners of real property can generally negotiate a private buyout so that one co-owner acquires the other’s ownership interest without filing a court partition action. Courts provide a partition remedy when co-owners cannot agree, but a […]
Read article →Forcing Sale of Inherited Land in Georgia: How to Proceed
Detailed Answer Short answer: If you inherit land with other heirs and they refuse to sell, you can usually force a sale by filing a partition action in Georgia superior court. The court can divide the land (partition in kind) or order a sale (partition by sale) when division is impractical. The proceeds are distributed […]
Read article →Claiming Surplus Funds by Asserting a Right of Survivorship under Georgia Law
How to Assert a Right of Survivorship to Claim a Larger Share of Surplus Funds in Georgia Short answer: Possibly — but it depends on the exact wording of the deed, the timing of the death versus the sale that generated surplus funds, and your ability to prove that a valid right of survivorship existed […]
Read article →How to Arrange a Property Survey for Co-Owned Land in Georgia
Detailed Answer This article explains how to arrange a land survey for property you co-own with a sibling under Georgia law and practical local practice. It assumes you and your sibling are joint owners and starting from zero legal knowledge. This is educational information only and not legal advice. Step 1 — Confirm ownership and […]
Read article →Who Pays for a Property Survey When Co-Owners Disagree? — Georgia
Detailed Answer If co-owners cannot agree about ordering or paying for a property survey in Georgia, state law gives several routes for resolving the dispute. The outcome depends on whether the owners reach an agreement, the purpose of the survey (boundary dispute, sale, financing, partition), and whether a court gets involved. This section explains the […]
Read article →Georgia: Keeping the Family House When Multiple Heirs Own It
Can multiple heirs keep the house instead of selling it? Short answer: Often yes, but it requires agreement among the owners or a court-approved plan. If heirs cannot agree, a court can order a partition (which can lead to sale). This page explains the practical options under Georgia law and the steps heirs typically follow. […]
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