How to Start a Partition Lawsuit to Split Inherited Land in Georgia

Detailed answer — How partition suits work in Georgia and how to start one

A partition action lets a co-owner of real property ask a court to divide the property or sell it and divide the proceeds when co-owners (for example, heirs who inherited land as tenants in common) cannot agree. In Georgia, partition actions proceed in the superior court where the land lies. The basic legal framework for partition actions is found in the Georgia Code (Title 44 — Property). For statutory text and related provisions, see the Georgia Code Title 44 (Property): https://www.legis.ga.gov/legislation/titles/44. You can also search specific partition statutes on the Georgia General Assembly site (for example, search for O.C.G.A. 44-6-160): https://www.legis.ga.gov/search?search=44-6-160.

Key concepts

• Who may sue: Any person with an ownership interest in the land (co-owner, heir, devisee, or person claiming an interest) may file a partition lawsuit.
• Forms of partition: The court can order partition in kind (physically dividing the land when feasible) or partition by sale (selling the property and dividing the proceeds). Courts prefer partition in kind when a fair division is practical; otherwise the court orders sale.
• Venue: The action is filed in the Superior Court of the county where the property is located.
• Parties: All persons with a recorded or reasonably identifiable interest must be named and served. Failure to join an interested party can delay or invalidate the result.

Practical step-by-step to start a partition lawsuit in Georgia

1. Confirm ownership and relationship of the parties. Identify all owners and title holders. Determine whether ownership is as tenants in common or under some other arrangement. Gather deeds, the decedent’s will (if any), death certificate, probate case number (if applicable), and recent property tax records.
2. Try to resolve the matter outside court first. Send a written proposal (buyout, division plan, or mediated settlement). Courts may favor parties who try to negotiate. Mediation or a neutral valuation can save time and costs.
3. Do a title and lien search. Identify mortgages, liens, tax delinquencies, or easements. Liens generally attach to the property and will be paid from sale proceeds or otherwise addressed during partition.
4. Hire a Georgia real property attorney (recommended). An attorney will prepare a proper complaint, ensure all necessary parties are joined and served, and protect your legal rights and claims (for contributions, credits, or offsets). If you cannot afford an attorney, the local court clerk can tell you filing procedures and required forms, but legal advice is still recommended.
5. File the complaint for partition in Superior Court. The complaint should include a legal description of the property, names and addresses of all known interested parties, a clear statement of your interest, and a prayer asking the court to partition the property (in kind) or, if infeasible, to order a sale and divide proceeds. Ask the court to appoint a commissioner/referee to make physical division or to oversee sale.
6. Serve all interested parties. Proper service gives the court jurisdiction. Georgia rules require that all defendants be served according to law. If some heirs are unknown or cannot be found, the court provides procedures (such as publication) to give notice.
7. Court appoints a commissioner (referee) or sets hearings. The court may appoint a commissioner to prepare a partition plan, hire a surveyor, determine reasonable boundaries, or arrange a sale. If the property is sold, the sale typically proceeds under court supervision and the commissioner or a sheriff handles the sale according to court order.
8. Distribution of proceeds or allotment. After sale, the court pays liens, costs, and any equities (for instance, if one co-owner paid the mortgage or taxes, the court may credit that owner). The remaining net proceeds distribute to owners according to their ownership shares.

What to expect during the process

Timelines vary. An uncontested partition might take a few months. Contested actions with title disputes, missing heirs, lien disputes, or complicated valuation issues can take a year or more. Expect filing fees, service fees, commissioner fees, survey/sales costs, and attorney fees. The court may award costs to the prevailing party in certain circumstances, but attorney fees are not always automatically awarded absent contract or statute.

Common complications

• Disputed ownership or unclear title. You may need a quiet-title action combined with partition.
• Life estates, trusts, or tenancy by entireties. These different interests change how the court treats rights to possess or receive proceeds.
• Mortgages, tax liens, or creditor claims. Liens usually get paid from sale proceeds.
• Missing or unknown heirs. Court-authorized notice by publication or other procedures may be necessary.
• Claims for contribution. A co-owner who paid more than their share for taxes, repairs, or mortgage may ask the court to credit that amount before dividing proceeds.

Short hypothetical example

Four siblings inherit a 40-acre tract as tenants in common. Three siblings want to sell; one refuses. After failed negotiations and a valuation, one sibling files a partition complaint in the Superior Court of the county where the land lies. The court appoints a commissioner to determine whether a fair division in kind is possible. If not, the commissioner arranges a court-ordered sale. The sale pays off a mortgage and closing costs; the net proceeds are divided among the four siblings according to their ownership shares, with credits for any payments one sibling made toward mortgage and taxes.

Statutes and procedure references

Relevant Georgia statutes addressing partition and property division are found in Title 44 of the Official Code of Georgia Annotated. For an entry point to the statutory scheme see Title 44 (Property): https://www.legis.ga.gov/legislation/titles/44. For specific statutory provisions on partition actions, search the code for partition sections (for example O.C.G.A. 44-6-160): https://www.legis.ga.gov/search?search=44-6-160. Your attorney can cite and apply the precise code sections that control procedure, appointment of commissioners, sale mechanics, and distribution of proceeds.

Helpful Hints

• Start with good documentation: deeds, wills, probate papers, death certificates, tax bills, and mortgage statements.
• Get a recent survey and an independent appraisal before filing to support your requested remedy (division in kind vs sale).
• Identify and locate all possible owners and lienholders before filing to avoid delays from missing parties.
• Try mediation or an early settlement conference. Courts and co-owners often prefer an agreed buyout or division to a litigated sale.
• Ask your attorney about temporary orders (e.g., injunctions) to preserve property condition, stop a competing sale, or prevent waste while the case proceeds.
• Be prepared for cost: hiring a surveyor, paying commissioner fees, sale costs, and attorney fees can reduce net proceeds.
• If you are low-income, ask the court clerk about fee waivers or resources; some counties have legal aid organizations that may help.
• Do not attempt to unilaterally change locks or remove co-owners’ property. Self-help can create liability and complicate the partition action.
• Remember possible tax consequences: selling real property can create capital gains issues—consult a tax professional.