Short answer

In Georgia you can ask a court to compel a partition of the property — either a division of the land (partition in kind) or a sale with proceeds split among owners (partition by sale). A co‑owner’s refusal to continue mediation does not prevent you from filing a partition action. The Superior Court in the county where the property sits handles partition suits under the Georgia Code.

Detailed answer — how a forced sale (partition) works in Georgia

Georgia law allows any owner of an undivided interest in real property to seek a court-ordered partition. The core statutory provisions are in the Georgia code on partition of real property (see O.C.G.A. Title 44, Chapter 6). A partition action typically follows these steps:

1. File a complaint for partition: You (the plaintiff) file in Superior Court in the county where the property is located. The complaint names all co-owners and any lienholders or parties with recorded interests. The complaint asks the court to divide the property or order a sale and distribute proceeds according to ownership shares.
2. Service and response: The court serves defendants (co-owners and lienholders). Defendants can respond, raise claims (for example, asserting that one owner has superior title or that the property is not partitionable), or propose alternatives (a buyout, settlement, or physical division).
3. Commissioners or sale: If the court finds partition proper, it may appoint commissioners to examine the property and attempt a partition in kind. If a fair physical division is impractical or inequitable, the court will order a sale and direct how proceeds are divided after paying liens, taxes, and costs.
4. Buyout or settlement: Before sale, a co-owner can often buy out others at a court‑determined value or under terms the parties negotiate. Courts typically encourage settlement but will proceed to sale if no agreement emerges.
5. Distribution: After sale, the court directs distribution of proceeds according to each party’s legal interest, after satisfying mortgage liens, recorded encumbrances, taxes, and court costs.

Key statutory references (you can read the partition provisions and related statutes for more detail):

• Official Code of Georgia Annotated (OCGA) — Title 44 (Property) — see Chapter 6 for partition provisions (search for sections in the 44-6-100+ range).

Important practical points under Georgia law:

• Either a partition in kind (division) or a partition by sale is available. The court chooses the most equitable remedy given the nature of the property.
• A co-owner’s refusal to continue mediation does not bar filing a partition action or the court from ordering a sale. Courts may require or encourage mediation, but mediation is not a substitute for the statutory partition remedy.
• Mortgage and other liens remain attached to the property and generally must be satisfied from sale proceeds before distributing net proceeds to co-owners.
• If the property is owned as tenancy by the entirety (married couples under specific conditions), partition rules differ; many protections apply to spousal ownership. Consult counsel if marital ownership is involved.
• Court costs, commissioners’ fees, appraisal fees, and attorney fees may be charged against proceeds; sometimes the court allocates costs between parties based on conduct (including unreasonable refusal to negotiate).

What to do now — practical steps to force a sale

1. Collect documents: deed(s), mortgage statements, tax bills, surveys, title insurance policy, and any agreements between owners.
2. Attempt one documented settlement offer (put your buyout offer in writing). Courts like to see attempts at resolution.
3. File a partition complaint in Superior Court where the property is located. Include all co-owners and recorded lienholders as parties.
4. Ask the court to appoint commissioners or to order a sale if division is impractical. You can also ask the court to order appraisal(s) to set value for a buyout.
5. If you’re concerned a co-owner will interfere with sale (remove tenants, damage property), seek temporary relief from the court (injunction or temporary orders) when you file the complaint.
6. Be prepared for litigation costs and a timeline that can take months to a year or more depending on objections, discovery, and local court schedules.

Common complications and how they affect a forced sale

• Mortgages or liens: A sale typically pays secured creditors first. If the mortgage exceeds sale proceeds, owners remain liable for any deficiency unless the buyer assumes the mortgage.
• Tenants or occupants: If tenants occupy the property, they generally remain tenants until sale; the purchaser steps into the buyer’s role. If an owner occupies the property, the court may consider occupancy value in dividing proceeds.
• Title disputes: If one co-owner claims exclusive title, the court must resolve the title dispute before or during partition — this can delay sale.
• Marital ownership: If one owner is the spouse of another and the property is held as tenancy by the entireties, partition rules differ. A divorce or special circumstances may be required to change that status.

Helpful hints

• Document everything: written settlement offers, refusals to mediate, and communications — the court may consider parties’ conduct when allocating costs.
• Get a current appraisal before filing to know fair market value and to support a buyout demand.
• Consider a neutral mediator once more (a documented single effort strengthens your position), even if the other side has been uncooperative.
• Ask the court for appraisers or commissioners if parties can’t agree on value or division.
• Expect costs: filing fees, service fees, appraisal, commissioner fees, and attorney fees. Factor those into any buyout offer or settlement talks.
• Talk to a real estate/partition attorney early to confirm filing requirements in the proper county and to prepare the complaint and supporting documents correctly.