Detailed answer — How the sale process works under Georgia law

When co-owners cannot agree how to divide real property, any co-owner may ask a Georgia superior court to force a partition. Georgia’s partition rules are in the Official Code of Georgia, Title 44, Chapter 6 (OCGA Title 44, Chapter 6). Below is a practical, step‑by‑step description of the typical process the court follows when the remedy is a sale.

1) Who files and where the case is heard

A co-owner (plaintiff) files a complaint for partition in the superior court of the county where the property is located. The complaint names all co-owners and any parties holding liens or interests in the property. The plaintiff asks the court either to partition physically (in kind) or, if that is impractical, to order a sale and divide proceeds.

2) Service, response, and early court steps

All named parties must be served with the complaint. Defendants may respond and raise defenses (claims of exclusive title, lien disputes, requests for offsets for improvements, etc.). If ownership, title, or lien priority is contested, the court resolves those threshold issues before ordering a sale.

3) In-kind partition versus sale

The court prefers partition in kind (dividing the land) when a fair division is feasible. If the property cannot be divided without prejudice to owners (for example, a single-family home on one lot), the court will order a sale. The decision whether to sell rests on practical divisibility and fairness.

4) Appointment of commissioners or sale officer

If the court orders a sale, it will appoint commissioners or an officer to manage the sale process. Commissioners are neutral persons the court authorizes to value, advertise, and sell the property under the court’s directions.

5) Notice, appraisal, and report to the court

Commissioners typically obtain an appraisal or perform market valuation and prepare a report for the court. The court often requires notice to all parties and may set a hearing to consider the commissioners’ report and proposed sale method (public auction, private sale under court approval, sealed bids, etc.).

6) Marketing and sale procedures

The sale may occur by public auction or by private sale approved by the court. The commissioners follow the court’s directions on notice to the public, minimum bids, and how to accept offers. Co-owners may bid at the sale like any other buyer. If the court-approved sale is private, the court will review terms to ensure the price is fair.

7) Payment of liens, costs, and distribution of proceeds

Sale proceeds are used first to pay valid liens (mortgages, recorded judgments) in the order of their priority, then to pay costs of sale, commissioners’ fees, and court costs. Remaining net proceeds are divided among co-owners according to their ownership shares or as the court determines after credits or offsets (for improvements, payments of taxes, or contributions).

8) Confirmation of sale and final decree

The court enters a final order confirming the sale and directing distribution of proceeds. That decree typically conveys the property to the purchaser free of co-owners’ claims (subject to lien priorities already addressed). The court’s decree also resolves the partition action as to the property sold.

9) Timing and practical considerations

Timing varies: an uncontested partition that proceeds to sale typically takes several months. Disputed title, lien priority litigation, or contested valuations can extend the process many months or longer.

10) Common legal issues the court addresses

• Whether the property can be fairly divided in kind or must be sold.
• Who holds superior title or has claims that affect distribution.
• Priority and validity of liens and mortgages (they are paid from sale proceeds).
• Crediting co-owners for improvements, taxes paid, or waste.
• Whether the court should allow a private sale versus public auction and whether the sale price is fair.

Illustrative hypothetical

Two siblings own a beach house as tenants in common. One wants to keep it; the other wants a sale. The court finds the house is not divisible without prejudice, appoints commissioners, orders an appraisal, and directs a public sale. The commissioners sell the house at auction, pay off the mortgage and costs, and the court orders the remainder split 50/50.

Statute references

The procedures and remedies for partition are set out in OCGA Title 44, Chapter 6. For the statutory framework, see: OCGA Title 44, Chapter 6 — Partition and Sale.

Important disclaimer: This article explains general Georgia procedures and is for educational purposes only. It is not legal advice. For legal advice about your situation, consult a licensed Georgia attorney.

Helpful hints — Practical tips when a sale may follow a partition action

• Gather documents early: deed(s), mortgage statements, tax bills, HOA documents, leases, and proof of payments for improvements.
• Check recorded liens and mortgages: a mortgage will normally be paid from sale proceeds and has priority according to recording and law.
• Consider a settlement before suing: agreed sales or buyouts often save months of court time and reduce costs.
• Get an independent appraisal: a neutral market value helps the court and avoids low bids.
• Know your ownership share: the court divides net proceeds based on ownership percentages unless the court finds equitable reasons to adjust shares.
• Expect costs: court costs, commissioners’ fees, appraisal fees, advertising, and attorneys’ fees will reduce net proceeds.
• Don’t ignore the complaint: if you’re served, respond or appear — failure to respond may limit your opportunities to protect your interest.
• Consider title and survey issues early: boundary disputes or unclear title can delay sale and increase expense.
• Ask about tax consequences: sale proceeds may create tax obligations (capital gains), so consult a tax advisor.
• Hire an attorney experienced in Georgia real estate litigation if ownership, liens, or valuations are contested.