Detailed Answer
Short explanation: If you own real property in Georgia together with one or more co-owners and those co-owners refuse to buy you out, you can ask a court to partition the property. Georgia law allows a court to divide the property physically (partition in kind) when feasible or order a sale and divide the net proceeds (partition by sale) when physical division is impractical. A partition action is filed in the Superior Court in the county where the property is located.
How partition actions work under Georgia law
Partition in Georgia is a judicial remedy for co-owners (tenants in common or joint tenants) who cannot agree on what to do with shared real estate. The court has the authority to:
- Determine whether a physical division is practical;
- Order partition in kind (divide the land among owners) if it can be done without prejudice to the owners; or
- Order a partition sale (sell the property and divide net proceeds) if partition in kind would be impractical or inequitable.
The statutes governing partition are located in the Georgia Code addressing property and civil actions (see the statutes for details). For the Georgia Code, see the Title on Property (Title 44): https://www.legis.ga.gov/georgia-code/title/44
Typical steps to force a sale when co-owners won’t buy you out
- Confirm your ownership and identify co-owners. Gather deeds, title reports, trust documents, or other proof of ownership and any liens or mortgages.
- Make a written demand to buy out. Send a clear written demand asking the other co-owners to buy your share and propose a deadline. Keep proof you made the demand — courts view a reasonable effort to settle favorably.
- Obtain an appraisal or market analysis. A recent professional appraisal or broker price opinion supports a buyout offer or sets expected sale proceeds if the court orders sale.
- File a partition complaint in Superior Court. If co-owners do not negotiate, you (or an attorney) file a complaint for partition in the Superior Court in the county where the property is located. The complaint names all co-owners and any lienholders with an interest in the property.
- Service and joinder of interested parties. The court requires proper service on co-owners and lienholders so the court can resolve all claims affecting the property.
- Court determines the proper remedy. The judge evaluates whether partition in kind is practical. If not, the judge will order a sale (commonly a public sale or bids process) and appoint commissioners or a referee to handle the sale process and divide net proceeds among parties according to their interests and any liens/encumbrances.
- Sale, accounting, and distribution of proceeds. After sale, the court or appointed official will pay liens, taxes, sale costs, and other lawful charges, then distribute remaining proceeds among owners according to ownership shares and offsets (for payments of mortgage, improvements, taxes, or equitable adjustments). The court can decide claims for credit where one co-owner paid more than their share of expenses.
What you can request in the complaint
When filing, you typically ask the court to:
- Order partition in kind if feasible;
- If partition in kind is impractical, order partition by sale (public auction or other court-approved sale process);
- Appoint commissioners/referees to make the sale; and
- Determine liens, credits, rents, and the final accounting and distribution of proceeds.
Possible defenses and complications
Co-owners may contest your complaint, raise equitable defenses, claim prior agreements, or claim improvements and contributions that affect how proceeds divide. Liens (mortgages, tax liens) will be paid from sale proceeds in priority order. If someone seeks to protect possession (for example, occupying the property and refusing entry), the court may address occupancy, rent, or injunctions during the case.
Costs, time frame, and practical considerations
Partition suits take time — often several months to over a year depending on complexity, title issues, and appeals. Costs include court filing fees, possible commissioner/referee fees, appraisal and sale expenses, unpaid taxes or mortgages, and attorneys’ fees. The court will typically deduct sale costs and secured debts before distributing net proceeds. If a co-owner has acted unreasonably, the court can sometimes allocate costs or attorneys’ fees against that party.
When to consider alternatives
Partition actions are effective but adversarial and sometimes expensive. Consider these alternatives before litigating:
- Mediation or neutral negotiation to set a buyout price;
- Third-party buyout — invite a family member or outside buyer;
- Agree on a temporary lease or buyout timetable;
- Offer the co-owners a structured buyout (installments) with security or deed-backed arrangements.
Practical checklist before filing
- Confirm the legal names and current addresses for all co-owners.
- Order a title search to identify encumbrances and parties who must be joined.
- Get a current appraisal and estimate of repairs/expenses.
- Collect deeds, mortgages, insurance records, tax bills, and records of improvements and payments.
- Document any written demand to buy out and offers made.
Where to look in Georgia law
Georgia’s statutes covering property and partition are codified in Title 44 (Property). The Georgia General Assembly’s site for the Georgia Code is here for review: https://www.legis.ga.gov/georgia-code/title/44
When to talk to an attorney
If co-owners refuse to negotiate or the property has liens, complex title problems, disagreements about contributions, or risks of waste or destruction, consult a Georgia attorney experienced in real property litigation and partition actions. An attorney can prepare the complaint, manage joinder of all interested parties and lienholders, propose the most efficient sale method, and brief the court on equitable credits and offsets.
Helpful Hints
- Keep detailed records of payments you made for mortgage, taxes, insurance, and repairs — the court may give you credit when dividing proceeds.
- Send a written buyout demand and keep proof of delivery; courts like to see pre-suit settlement efforts.
- Get a professional appraisal before filing to support a reasonable buyout number or to set expectations for sale proceeds.
- Join all lienholders and anyone with a recorded interest in the complaint to avoid later challenges to the sale.
- Expect the court to deduct sale costs, debt payments, and property taxes before distribution; these reduce net proceeds.
- If a co-owner occupies the property and refuses to cooperate, ask the court for an accounting of rents or a writ to protect the asset during litigation.
- Consider mediation to save time and costs — courts sometimes require or encourage alternative dispute resolution.
- Discuss whether a partition by sale using a broker or a court-ordered public auction is more likely to yield a better price given the property type and local market.
- Be realistic about timing: partition cases can take months; plan for interim expenses like insurance and taxes.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It summarizes Georgia law at a high level but may omit details that matter in a particular case. For advice about a specific situation, consult a licensed Georgia attorney.