Detailed answer — documents, facts, and steps your lawyer will need

A partition action is the legal process for dividing real property owned by two or more people when the co‑owners cannot agree on the use, sale, or division of the land. In Georgia, partition actions are typically filed in the county Superior Court where the property lies (see O.C.G.A. Title 44, Partition statutes). To begin a partition case efficiently, your lawyer must build a clear factual and documentary record. Below is a practical checklist of the information and documents your lawyer will almost always request, why each item matters, and how it is used in court.

1. Ownership and title documents

• Deed(s) to the property (warranty deed, quitclaim deed, etc.). These show who holds legal title and the legal description of the property.
• Title search or title insurance policy, if available. Confirms liens, encumbrances, and chain of title.
• Mortgage and lien documents (recorded deeds of trust, judgment liens, tax liens). Necessary to determine priorities and whether liens must be paid or handled in any sale.
• Plats, surveys, or legal description maps. Used to explain physical boundaries and to assist the court if a partition‑in‑kind (division on the ground) is possible.

2. Identity and contact information for all parties

• Full legal names, current addresses, phone numbers, email addresses for all co‑owners (including heirs, beneficiaries, trustees, guardians, or unknown heirs if applicable).
• If a co‑owner is deceased: death certificate, probate file/case number, and executor/administrator contact information.
• If a party is a trust, LLC, corporation or partnership: formation documents, operating agreement, articles, and who currently controls the entity.

3. Acquisition and contribution history

• How and when each co‑owner acquired their interest (purchase, inheritance, gift, divorce settlement). Closing or settlement statements are especially helpful.
• Records of contributions to purchase price, mortgage payments, property taxes, insurance, utilities, repairs, and improvements. Lenders and courts consider contribution evidence when dividing proceeds or awarding credits.

4. Income, tenancy, and occupancy records

• Current leases and rent rolls for rental property, including security deposit records and any tenant communications.
• Evidence showing which owner occupies the property, whether any owner pays rent to others, and any exclusive possession agreements.

5. Financial and expense documentation

• Property tax bills and payment history.
• Insurance policies and claims history.
• Utility bills, maintenance invoices, contractor receipts, and other operating expenses.
• Recent appraisals or broker price opinions, if available.

6. Legal and dispute records

• Copies of any prior lawsuits, settlement agreements, divorce decrees, partition demands, mediation notes, or written settlement offers among co‑owners.
• HOA/POA rules, covenant violations, or assessment notices if the property is in a homeowners association.
• Records of disputes, demands for sale, or written notices exchanged among co‑owners.

7. Evidence of special features or encumbrances

• Recorded easements, rights of way, access agreements, or restrictive covenants.
• Environmental reports, floodplain or wetlands info, or other condition reports that affect value or division feasibility.

8. Practical logistics and expectations

• Explain your desired outcome: do you want a physical division (partition‑in‑kind), a sale with proceeds split (partition‑by‑sale), or to buy out the other co‑owners? Your lawyer will need to know this early to shape strategy.
• Provide names of any witnesses who can attest to contributions, occupancy, or agreements among owners.

How your lawyer will use these materials

Your attorney uses the materials to:

• Identify the legally required parties and prepare proper service notices.
• Decide whether partition‑in‑kind is feasible or whether the court is more likely to order a sale.
• Frame claims for credits (for mortgage/tax payments, improvements) and for costs and attorney fees if applicable.
• Draft the complaint, affidavits, and proposed orders; calculate an equitable division; and support valuations with appraisals and expense records.

Where partition cases are filed in Georgia and primary law

Partition actions in Georgia are equitable actions typically filed in the Superior Court of the county where the property is located. Georgia’s partition law is found in the Official Code of Georgia Annotated (O.C.G.A.) under the property sections. For an overview of the code and to locate the specific partition provisions, see the Georgia General Assembly code resource: https://www.legis.ga.gov.

Timing and costs to expect

Timelines vary. A straightforward agreed partition can take a few months; contested partitions often take a year or longer. Costs include court filing fees, service costs, attorney fees, appraisal and survey fees, and possibly a broker commission if the property is sold. If you and co‑owners reach an early agreement, costs and time reduce significantly.

Helpful hints — practical tips to speed the process and protect your interests

• Bring originals when possible. Lawyers and courts prefer original deeds, surveys, and closing statements for verification.
• Create a one‑page fact sheet summarizing names, ownership percentages (if known), acquisition dates, mortgages, and desired outcome. This saves time in initial meetings.
• Organize receipts chronologically in a folder (paper or scanned PDF). Lenders and courts prefer clear supporting documentation for credits and expense claims.
• Get a current survey or boundary map early if you think a partition‑in‑kind is possible. Boundary disputes can derail division attempts.
• Obtain a recent appraisal or broker market analysis before litigation if you plan to ask the court to sell; it helps set a realistic reserve or expected value.
• Preserve communications. Keep written texts, emails, letters, and demand notices among owners — they often prove efforts to settle or agreements about expenses and possession.
• If a co‑owner says they were a gift recipient or nominee for someone else, tell your attorney early. Complex title claims involving trusts or constructive trusts require early investigation.
• Be prepared for interim requests from the court: temporary possession orders, accounting of rents and expenses, or requests to post security for costs.
• Ask your lawyer about alternatives: mediation or negotiated buyouts often save money and time compared with contested court partitions.
• Confirm jurisdiction and venue with your attorney — partition must generally be filed where the property is located in Georgia.

Finally, be candid with your lawyer about prior agreements, payments, or promises. Full disclosure helps counsel assess whether credits, offsets, or estoppel arguments might affect the outcome.