Georgia: What Happens When a Court-Appointed Commissioner Sells a Co-Owner’s Share (Partition by Sale) | Georgia Partition Actions

Detailed Answer — How a court-appointed commissioner handles a private sale when co-owners disagree under Georgia law

Short version: When joint owners cannot agree to divide real property, any co-owner can ask a Georgia court for a partition action. If the court finds a physical division impractical or inequitable, it can order sale of the property. The court may appoint a commissioner to handle the sale (sometimes by private sale). The commissioner follows court directions, publishes notices, obtains offers or bids, reports back to the court, and the court confirms the sale and directs distribution of proceeds.

This article explains the typical process, what rights each co-owner has, what to expect financially, and practical steps you can take to protect your interest.

Disclaimer: This is educational information only and not legal advice. For decisions about your situation, consult a licensed Georgia attorney.

Where the law is found

Georgia’s partition rules appear in the Official Code of Georgia (Title 44 — Property). See the Georgia Code for statutes governing partition and sale of real property: OCGA Title 44 (Property). Courts use those statutes and local procedure to manage partition cases.

When a court appoints a commissioner to sell

Typical reasons a court will appoint a commissioner to sell include:

The property cannot be fairly divided into separate portions without serious prejudice to owners (for example, a single-family house on one lot).
Owners who hold unequal shares, liens, or mortgages make division impractical.
Owners cannot agree about sale terms, price, or whether to sell at all.

Step-by-step: What to expect in a commissioner-handled private sale

Partition complaint and petition: A co-owner files a partition action asking the court to divide or sell the property. The court determines whether partition in kind (physical division) or partition by sale is proper.
Appointment of a commissioner: If the court orders sale, it appoints a commissioner (sometimes called a special master) and issues an order that defines the commissioner’s authority and sale method (private sale or public sale) and other directions.
Directions to the commissioner: The court order typically instructs how to advertise the sale, whether appraisals or minimum bid protections are required, and how to handle title matters and contested liens.
Appraisal and marketing: The commissioner often obtains an appraisal or market analysis, advertises the property, and may solicit offers. For a private sale, the commissioner negotiates and solicits best offers; for public sale, the property is auctioned under court supervision.
Offers, auction, or negotiated sale: The commissioner receives offers and may submit them to the court. Some courts require the commissioner to accept the highest good-faith offer; other courts let the commissioner recommend a sale subject to court approval.
Report to the court: After a proposed sale, the commissioner files a report with the court summarizing offers, sale terms, proposed price, buyer identity, and any objections by co-owners.
Confirmation hearing: The court holds a confirmation hearing. Co-owners can object (e.g., alleging inadequate marketing, conflict of interest by the commissioner, insufficient price, or improper notice). The court either confirms the sale, rejects it, or orders further steps (re-advertise, require bids, etc.).
Closing and distribution: After confirmation, the sale closes. The commissioner or clerk handles payoff of valid liens and mortgages, pays costs and commission, and distributes net proceeds to co-owners according to their legal interests and the court’s directions.
Appeal rights: A dissatisfied co-owner may have limited time to appeal the court’s confirmation order. Appellate review focuses on procedural fairness and whether the court abused its discretion.

Key rights and protections for co-owners in Georgia

Right to notice: Co-owners must get notice of the petition, the commissioner’s activities, and the confirmation hearing so they can object.
Right to object: Owners can object to the commissioner’s conduct, the sale price, or conflict-of-interest concerns at the confirmation hearing. Courts will commonly require commissioner neutrality and full disclosure.
Accounting for liens and costs: Valid mortgages, tax liens, and other encumbrances are paid from sale proceeds before distribution. Court will authorize paying sale costs and commission first.
Buyout option: Sometimes a co-owner may be allowed to buy out others at a court-ordered valuation rather than sell to a third party; raise this option early in the case.
Request different sale method: If you prefer a public auction rather than a private sale, you can ask the court to order a different method; the court balances efficiency and fairness when deciding.

Common disputes and how courts resolve them

Common disputes include inadequate notice or marketing, unfair low sale price, commissioner conflicts, or errors in how liens were handled. Courts apply equitable principles and Georgia statutes to make sure sale procedures are fair and proceeds are distributed correctly. If the court finds a procedural error (e.g., inadequate notice), it can set aside the sale and order a new sale or additional protections.

Practical timeline

Timelines vary. A simple partition case where the sale is uncontested could move within a few months. Contested matters, objections, appraisal disputes, and appeals can extend the process many months or longer. Expect multiple court dates, a marketing period for the sale, and a confirmation hearing before final distribution.

What you can do to protect your interest

Attend every hearing and file timely written objections if you disagree with the commissioner’s actions.
Demand an appraisal or independent valuation so the court can evaluate whether a sale price is reasonable.
Ask the court to require competitive bidding or public auction if you suspect a private sale will not yield fair market value.
Document communications, offers, and any potential conflicts of interest involving the commissioner or potential buyers.
Consider mediation or settlement negotiations early — many courts encourage parties to settle to avoid costly sales and delays.
Consult a Georgia attorney experienced in real property and partition actions to review court orders, objections, and settlement offers.

Costs, liens, and distribution of proceeds

At closing, valid liens (mortgages, tax liens) and court-ordered costs (attorneys’ fees if awarded, commissioner’s fees, advertising costs, closing costs) are paid from sale proceeds. The court then distributes the net balance according to ownership shares (or as the court ruling orders to reflect liens, contributions, or equitable adjustments). If one co-owner has paid more on the mortgage or taxes, they may claim reimbursement in the partition accounting.

When to hire an attorney

Hire a Georgia property or civil litigation attorney if:

You disagree with the sale method or suspect breach of fiduciary duty or conflict by the commissioner;
The sale price looks unreasonably low and you want an appraisal or to force public bidding;
There are complicated liens, mortgages, or title defects that affect distribution;
You want to pursue a buyout or negotiate settlement instead of sale; or
You plan to object at confirmation or expect to appeal.

Helpful Hints

Ask the court order to set clear sale rules (advertising period, minimum bids, appraisal requirement, and disclosure of any relationship between commissioner and buyer).
Request that the commissioner obtain one or more independent appraisals and include copies in the court report.
Push for competitive bidding or a public auction if there’s any risk a private sale will produce a low price.
Keep records of any payments you made toward mortgages, taxes, or repairs — they may affect distribution.
Attend the confirmation hearing in person or through counsel; silence can limit later appellate rights.
If you want to keep the property, propose a timely buyout using a court-accepted valuation method.

Where to read the statutes

For the governing statutory framework, consult the Official Code of Georgia (Title 44 — Property) on the Georgia General Assembly website: https://www.legis.ga.gov/legislation/ocga/title/44. If your case involves special issues (liens, homestead, or homestead exemptions), check the specific OCGA sections that apply and discuss them with counsel.

Final note: Partition sales are court-supervised and guided by equitable principles. Courts balance efficiency with fairness, so active participation (or counsel) is the best way to protect your interests when a commissioner handles a private sale.