How to force sale of a house owned by your late father: a Georgia FAQ

Short answer: In Georgia you can force a sale of real property co-owned with others by bringing a partition action in the superior court in the county where the property sits. If title to the house remains solely in your late father’s name, you first must address probate (transfer title to the heirs or name the estate as a party). The court will either divide the land (partition in kind) or order a sale (partition by sale) and distribute proceeds after paying liens and costs.

This is educational information only and not legal advice. Consult a licensed Georgia attorney about your situation.

1. Who may file a partition action in Georgia?

– Any person who owns an undivided interest in real property (a tenant in common) can sue for partition. That includes heirs who became co-owners by intestacy or by deed. If title is not yet transferred out of your father’s name, you (or another heir) should consult a probate attorney to determine whether the estate should be opened so the estate or heirs can be named in a partition complaint.

2. Where to file

File the partition complaint in the Superior Court of the county where the property is located. Superior Court has authority over partition actions in Georgia.

3. Basic steps to file a partition action (typical sequence)

Confirm ownership and encumbrances. Pull the deed and title chain at the county recorder’s office (clerk of superior court) and check for mortgages, judgment liens, or easements that affect the property.
Address probate issues if title is in the deceased’s name. If the house remains in your late father’s name, you typically must open a probate estate so that the personal representative or the heirs are proper parties. If the estate is already opened, the personal representative should be served. If the estate is not opened and you proceed, name the estate or potential heirs as defendants; a court may require probate to resolve competing claims to title.
Try to resolve it informally or by mediation first. Partition actions can be costly. Ask co-owners if they will buy you out, agree to sale, or hire a mediator to avoid litigation.
Prepare and file the complaint for partition. The complaint identifies the property, lists all co-owners and parties with recorded interests, states each party’s claimed share, and asks the court to order partition (in kind or by sale). Include a legal description of the property (from the deed).
Serve all defendants and interested parties. You must properly serve co-owners, the estate/personal representative (if applicable), recorded lienholders, mortgage holders, and other interested parties so the court can determine rights and distribute sale proceeds.
Court process and possible appointment of commissioner. After hearing, the court may order partition in kind (physical division) if that is practical or appoint a commissioner/receiver to sell the property and report sale proceeds to the court if partition in kind is impractical.
Sale and distribution. If the court orders sale, it will direct how the sale is conducted (often by a commissioner or under order) and how proceeds are distributed—paying mortgage, liens, taxes, costs, and then distributing the net to owners according to their shares.

4. Important Georgia-specific notes

Partition actions in Georgia are heard by Superior Court in the county where the land lies. Check the local superior court clerk’s office for local filing rules and required forms.
If the deceased died intestate (without a will), the rules of intestate succession determine who are the legal heirs. For Georgia intestacy rules and estate procedures, consult the Georgia statutes on wills and estates or talk to a probate attorney. The Georgia General Assembly website lists state statutes: https://www.legis.ga.gov/.
Liens (mortgages, tax liens, judgment liens) remain attached to property in a partition action. The court typically requires those liens to be paid from sale proceeds or otherwise resolved before distributing net proceeds to co-owners.
Where practical, courts prefer partition in kind, but where the property cannot be divided fairly or practically, courts will order sale and distribution of proceeds.

5. What if title is still in your father’s name?

If title still stands in the deceased’s name, you generally cannot treat heirs as co-owners until the estate administration vests title in the heirs or a personal representative is appointed. The usual path:

Open a probate estate (if necessary) so an executor/administrator can be appointed.
The personal representative can then either transfer the property to heirs (if appropriate) or the estate itself can be a defendant in a partition action and the court can order sale of estate property as part of estate administration.

Ask a probate attorney about whether a petition to sell estate real property under Georgia probate rules is a faster or better route in your case.

6. Costs, timing, and practical considerations

Timeline: Partition lawsuits commonly take months to more than a year depending on complexity, whether probate is required, and whether parties dispute the division. Expect additional time if there are mortgages or difficult title issues.
Costs: Court filing fees, service fees, title and lien searches, attorney fees, appraisal fees, commissioner or auction costs, and closing costs come from sale proceeds or are allocated by the court. Parties often bear their own legal fees unless the court directs otherwise.
Mortgages and taxes: Outstanding mortgage(s) must be addressed. A lender may have a right to protect its interest; if owners cannot pay the mortgage, the lender can foreclose independently if payments are due.
Creditors of the estate: If the property is estate property, creditors may assert claims in probate that affect distribution.

7. Sample hypothetical to illustrate

Hypothetical: Your father owned the house as sole owner and died intestate leaving two children. The deed still shows your father as owner. Step one: open probate so the court appoints an administrator and determines heirs (likely you and your sibling 50/50). If you and your sibling cannot agree whether to sell or to divide equity, one of you can file a partition action in the superior court asking the court to order a sale and divide proceeds after mortgage/taxes.

8. Where to get Georgia forms and statutory text

– Visit the Georgia General Assembly statutes page to review relevant statutes (look under Title 44 — Property and Title 53 — Wills, Trusts, and Administration) at: https://www.legis.ga.gov/.

– Contact the clerk of superior court in the county where the property sits for local filing requirements and to obtain recorded documents. A list of courts is available from the Georgia Judicial Branch at: https://www.georgiacourts.gov/.

Helpful Hints

Before filing, get a certified copy of the deed and a title search. Know who else has recorded interests.
Open or review probate records early if the owner died; unresolved probate often delays partition.
Try negotiation or mediation first — it can be cheaper and faster than litigation.
Get an appraisal. An independent value helps decide whether buyout offers are fair or if sale makes more sense.
Ask whether any mortgages have acceleration clauses—if payments ceased after death, the lender may have rights that affect sale timing and net proceeds.
Remember taxes and capital gains: sale proceeds distribution may create tax consequences for heirs. Talk with an accountant or tax attorney if concerned.
Consider hiring a Georgia real estate or probate attorney. Partition litigation intersects property and probate law; an attorney can prepare pleadings, identify necessary parties, and manage service and sale procedures.

Final note: Partition is a powerful legal tool but it has procedural requirements that vary by county and depend on whether the property is already titled in the heirs’ names. If you want to proceed, start by obtaining the deed, contacting the county clerk for recorded documents, and consulting a Georgia attorney who handles partition and probate matters to evaluate your specific facts.

This information is not legal advice. For advice specific to your situation, consult a licensed Georgia attorney.