Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When two or more co-owners of real property in Georgia disagree on sale logistics or cost sharing, they have several legal paths to resolve the dispute. You can try negotiation, pursue a buyout, or ask a court to force a partition sale.
1. Negotiate and Mediate
Start with open communication. Outline each owner’s expectations on timing, sale price, closing costs and commissions. If direct talks stall, consider a neutral mediator. Mediation offers a structured forum to assign costs and agree on a sale plan without court intervention.
2. Buyout Option
One co-owner may offer to buy out the other’s interest. To do this:
- Obtain a professional appraisal to set fair market value.
- Present a written buyout proposal covering purchase price and payment terms.
- Seal the deal with a quitclaim or warranty deed once you agree.
3. Partition Action in Superior Court
If informal efforts fail, a co-owner can file a partition action in the Superior Court of the county where the property lies. Under O.C.G.A. § 44-6-160 (Partition of real property), the court can order:
- Partition in Kind: Physical division of land, when feasible without harming its value.
- Partition by Sale: Sale of the entire property at public auction or private sale and division of net proceeds among owners.
The procedure appears in O.C.G.A. § 44-6-161 (Procedure for partition action). The court will handle notices, set sale dates and allocate costs (appraisal fees, court costs, attorney fees) before dividing proceeds according to each owner’s legal share. Georgia courts rarely split a single-family lot; they typically order a sale and division of funds.
Helpful Hints
- Document all conversations and offers in writing.
- Get a neutral, certified appraisal early in the process.
- Consider mediation to save time and legal fees.
- Understand that a partition action triggers court costs and potential attorney fees.
- Keep records of any improvements or repairs you’ve funded.
- Act promptly: delays can increase carrying costs and reduce equity.