Detailed answer — what Georgia law lets you do when a co‑heir refuses to leave or sell
If you and one or more heirs own real property together in Georgia and one heir lives on the property but refuses to move out or refuses to agree to sell, Georgia law gives the other owners several remedies. Common remedies include filing a partition action to divide the property or force a sale, seeking a court order for possession or an ejectment, and asking the court to account for use and occupation (rent) or to credit expenses paid by one co‑owner. These remedies are handled in the Superior Court for the county where the property is located.
Tenancy type matters
Most heirs who inherit without a survivorship provision become tenants in common. Each tenant in common owns an undivided share and has the right to possess the whole property. One cotenant cannot lawfully exclude the others. Disagreements over possession and sale are therefore common sources of litigation.
Partition actions — the main legal tool
To force a resolution, a cotenant can file a partition action. The court will try to physically divide the land (partition in kind) when division is practical. If the court finds division is impractical or inequitable, it can order a sale of the entire property and divide the proceeds according to ownership shares. Georgia’s statutes govern partition procedure; see the partition provisions in the Official Code of Georgia Annotated (O.C.G.A.). For statutory text and filing details, see O.C.G.A. § 44‑6‑160 et seq.: https://www.legis.ga.gov/legislation/ocga/44-6-160.
Ejectment, forcible entry, and dispossessory remedies
If a cotenant in possession is excluding other owners or refuses to surrender possession after a proper demand, the excluded owner may pursue ejectment or other dispossessory procedures. Georgia law covers forcible entry and detainer procedures for resolving unlawful possession. See O.C.G.A. § 44‑7‑1 et seq. for the statutes governing forcible entry and detainer: https://www.legis.ga.gov/legislation/ocga/44-7-1.
Accounting for rent, expenses, and improvements
If one cotenant enjoys possession while the others are excluded, the excluded cotenants may seek an accounting for use and occupation (rental value), but Georgia courts typically require evidence of an actual ouster (an act that deprives an owner of possession) or demand and refusal. The court can also consider contributions to mortgage, taxes, insurance, and improvements and can credit or reimburse owners accordingly when dividing proceeds after a partition or sale.
Practical timeline and likely outcomes
- Negotiation or buyout: fastest and cheapest if heirs can agree on price and terms.
- Mediation: often faster than litigation and can produce a buyout or sale plan.
- Partition action: may take months to over a year depending on complexity, appraisal, court calendar, and whether the property must be sold.
- Partition in kind vs. sale: court prefers partition in kind when feasible; otherwise it orders sale and divides net proceeds by ownership share.
Costs and fees
Litigation costs include filing fees, appraisal fees, attorney’s fees, and costs of sale. Georgia courts sometimes award attorney’s fees only when a contract or statute authorizes fees or when the court finds conduct that makes fee shifting appropriate. Expect each side to initially bear its own fees unless a statute, contract, or court order provides otherwise.
What you cannot do
Do not use self‑help methods such as changing locks, removing the occupant’s belongings, or using force. Doing so can lead to criminal charges or civil liability. Instead, follow legal procedures: make a formal demand in writing, attempt good‑faith negotiation or mediation, then file for partition or dispossessory relief if needed.
When to consider a lawyer
Talk to a real estate or probate attorney when the occupant refuses to cooperate, when ownership shares are disputed, when loans or liens exist on the property, or when you need to calculate equitable adjustments (improvements, mortgage payments, taxes). An attorney can prepare and file a partition complaint, handle ejectment, and advise on the likely division and recovery of costs.
Disclaimer: This article explains general Georgia law and is not legal advice. It does not create an attorney‑client relationship. For legal advice about your situation, consult a licensed Georgia attorney.
Helpful hints — steps and tips to resolve an heir who won’t move or sell
- Confirm ownership: get the deed(s) or probate documents showing who owns the property and what shares each heir holds.
- Document occupancy and communications: keep records of who lives there, when, any rental payments, demands to vacate, and all written communications.
- Demand in writing: send a polite but firm written demand asking the occupant to vacate or to negotiate a buyout; keep a dated copy and proof of delivery.
- Explore buyout or mediation: a fair appraisal and a mediated buyout often save time and money.
- Get an appraisal: a current market appraisal helps with buyout offers and court proceedings.
- If needed, file a partition action in the county Superior Court where the property sits; consider asking the court to appoint a receiver if the property needs management during litigation.
- Do not use self‑help eviction: pursue legal removal through the courts (partition sale, ejectment, or forcible detainer) rather than changing locks or removing belongings.
- Preserve evidence of expenses, improvements, and mortgage/tax payments to seek credits or reimbursement in court.
- Ask about temporary relief: the court can sometimes order temporary possession, a receiver, or bonding to protect the property while the case proceeds.
- Consult a Georgia attorney early if liens, mortgages, or complex title issues exist, or if the occupant claims a different legal right (like a lease or adverse possession).