Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Georgia for guidance on your specific situation.
Detailed Answer
Under Georgia law, co-owners of real property may force a sale through a partition action in the Superior Court of the county where the land lies. This process relies on O.C.G.A. § 44-6-160 et seq., which authorizes courts to either divide the land physically (partition in kind) or, when a physical split is impractical, to order a sale and divide the proceeds.
- Filing the Petition: Any co-owner (plaintiff) files a petition for partition under O.C.G.A. § 44-6-160. The petition must identify all co-owners, describe the property, state each owner’s interest, and request partition or sale. (O.C.G.A. § 44-6-160)
- Service of Process: The plaintiff must serve each co-owner with the summons and petition, giving them an opportunity to appear, contest boundaries or value, and join any creditors.
- Hearing and Valuation: The court schedules a hearing. If co-owners dispute valuation or physical division, the court may appoint appraisers to determine fair market value and usability for partition in kind. (O.C.G.A. § 44-6-161)
- Order for Sale: If the court finds a physical division would diminish the property’s value, it issues an order for sale. The court appoints a commissioner (also called a partition referee) to oversee the sale. (O.C.G.A. § 44-6-164)
- Sale Procedure: The commissioner conducts a public auction, following local bidding requirements. The property sells to the highest bidder, typically for cash, with notice published in the local newspaper and posted on the property.
- Distribution of Proceeds: After paying liens, taxes, and sale costs, the commissioner divides net proceeds among co-owners according to their ownership interests. The court then issues a final decree confirming distribution.
Helpful Hints
- Review your deed and any co-ownership agreements before filing to clarify percentages and rights.
- Consider mediation to reach agreement on sale or buy-out terms and avoid litigation costs.
- Gather property records (tax assessments, survey plats) to support valuation at the hearing.
- Be prepared to cover court costs and commissioner’s fees; these deduct from sale proceeds.
- Consult a Georgia attorney early to ensure proper filing and notice procedures.