A partition to sale could be forced but it would require court action.
Partition lawsuits in Georgia come about for multiple different reasons. Parties might co-own a property because the inherited it jointly, or because they purchased it together but no longer wish to reside with one another or conduct business with one another. In any event, a partition action is a remedy that divides the property between the two co-owners, according to the type of tenancy they owned the property in. There are two means for getting a partition of property. If the parties get along well enough to negotiate a private agreement, they can get a voluntary partition. However, if they can not come to an agreement on their own, one party can file a petition for partition in the State of Georgia, and the land will be divided by judicial order.
Land can be separated in two ways. A partition in kind takes the property and physically carves out two distinct pieces, each to be owned solely by one of the parties. If the property is not easily divisible, like a residential home or oddly-shaped piece of land, then the court can order the parcel sold and the proceeds distributed among the parties according to their share. The shares each party will get depend on the type of tenancy they held the property in. A joint tenancy requires that each party have an equal share, regardless of their contributions to the purchase. A tenancy in common allows for varying percentages of shares according to the portion that each party contributed to the purchase, or according to the contractual agreement. When land is partitioned, it must be done in a way that is in keeping with the shares owned by each party.
Georgia is a title theory state, which means that any lender is a necessary party to partition litigation. This can make a partition action complicated for all of the parties involved. It is best to consult with an experienced partition action attorney who handles Georgia partition claims.
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