When you own property with others, disagreements can arise that make continuing the co-ownership feel impossible. When discussions fail to produce a resolution, you do not have to remain stuck in a shared ownership that no longer works. Fortunately, Georgia law provides a legal remedy called “partition” that can help address property disputes.
What is a partition action?
A partition action is a lawsuit that forces the sale or division of jointly owned property. Many consider this when a consensus cannot be reached regarding the sale or management of the property.
A partition often arises in situations where:
- Co-owners inherited property together as heirs
- Former partners or spouses no longer wish to share assets
- Business partners have reached a deadlock regarding their real estate investment
When you find yourself in these or similar situations, you aren’t necessarily at the mercy of the other owners’ demands. Generally, the courts cannot deny your right to partition based solely on the other owners’ objections.
What are the two types of partition action?
When negotiations fail, filing a real estate lawsuit or a partition action can give you a legal path to resolve the conflict. Courts often resolve similar real estate disputes in one of two ways:
- Partition in kind: This physically divides the property between the owners into separate parcels. Each owner receives their proportional share as individual property.
- Partition by sale: This requires selling the property and dividing the proceeds among co-owners. Courts often choose this option for residential homes or buildings that cannot be divided fairly.
Because partition is an equitable remedy, a court has the discretion to divide the property or distribute sale proceeds.
What should you know before filing a partition action?
Before you initiate a case, it is essential to clarify the type of co-ownership you hold. The process can vary depending on the nature of ownership. Moreover, it can affect survivorship rights and how interests transfer.
For example, if the property qualifies as “heirs property,” state law includes protections that often affect valuation, sale procedures and buyout opportunities.
Protecting your interests during an ownership dispute
If you are facing a deadlock with a co-owner or no longer wish to share a real estate asset, you can use a partition action to move forward. Whether you want to sell your interest or force a sale of the entire property, taking prompt action prevents ongoing conflicts from reducing the property’s value.
