Disclaimer: This information is for general educational purposes only and does not constitute legal advice.
What Is a Partition Action?
Under Georgia law, a partition action allows co-owners to resolve disputes over jointly owned real estate. O.C.G.A. § 44-6-20 defines partition as the judicial division or sale of property when co-owners cannot agree.
Step-by-Step Process
1. Filing the Complaint
One co-owner files a petition in the superior court where the property lies. The complaint identifies the property, ownership interests, and requests division or sale. The petitioner serves each co-owner with the summons and complaint (O.C.G.A. § 44-6-21).
2. Response and Answer
Each defendant may answer the petition. They can admit or contest ownership percentages and request a sale instead of physical division.
3. Determining Division Method
The court examines whether physical division (partition in kind) is fair and practical. If the property can be divided without significant loss in value, the court orders partition in kind. Otherwise, it orders a partition by sale (O.C.G.A. § 44-6-22).
4. Appointment of Commissioner
The court appoints a commissioner or referee to oversee the division or sale. The commissioner surveys the land, maps new parcels, or arranges a public auction.
5. Division or Sale
For partition in kind, the property splits into parcels proportional to each owner’s share. For sale, the property sells at public auction under court supervision. The commissioner collects bids, confirms the sale, and distributes proceeds.
6. Distribution of Proceeds
The net proceeds from a sale go to co-owners based on their legal interests. The court deducts costs, fees, and any judgments against the property before distribution.
Key Georgia Statutes
- O.C.G.A. § 44-6-20 – Definition of partition
- O.C.G.A. § 44-6-22 – Partition by sale
- O.C.G.A. § 44-6-23 – Role of commissioners
Final Decree
After division or sale, the court issues a final decree. This order transfers titles for in-kind partitions or confirms sale and distributes funds. Record the decree with the county recorder’s office to clear the title.
Helpful Hints
- Review your deed and title documents to confirm ownership percentages.
- Obtain a professional survey to assess whether physical division is practical.
- Consider mediation before filing to reduce costs and preserve relationships.
- Weigh the costs of sale versus maintaining your share in the property.
- Understand the timeline: partition actions can take several months to a year.
- Budget for court costs, surveys, commissioner fees, and legal fees.
- Consult a local real estate attorney for procedural guidance.