Partition Action Attorney in Atlanta, Georgia

Partition Action Attorneys in Atlanta, Georgia

When co-owners of real property cannot agree on what to do with shared property, a partition action may be the solution. Jones Booth Law represents co-owners, heirs, and investors throughout Atlanta and Georgia in partition actions, helping clients efficiently resolve co-ownership disputes and unlock the value of shared real estate.

What Is a Partition Action?

A partition action is a court proceeding that allows a co-owner of real property to compel a division or sale of the property when co-owners cannot agree. Under O.C.G.A. § 44-6-140 et seq., any co-tenant — whether a joint tenant or tenant in common — has the right to seek partition of property they jointly own. Georgia courts can order either a physical division of the land (partition in kind) when feasible, or a forced sale with the proceeds distributed among co-owners according to their ownership interests.

When Is a Partition Action Necessary?

Partition actions commonly arise when heirs inherit property together and disagree about whether to keep or sell it, when business partners or investors acquire real estate together and the relationship breaks down, when unmarried couples who purchased property together separate, when one co-owner wants to sell and the other refuses, or when multiple family members inherit a property with no clear succession plan. Our attorneys have extensive experience handling all these scenarios and can guide you through the process from start to finish.

The Partition Process in Georgia

A Georgia partition action is filed in the Superior Court of the county where the property is located. The court appoints Partitioners who evaluate the property, determine whether partition in kind is practical, and if not, order a public sale. The court supervises the sale process and distributes the proceeds after accounting for costs, encumbrances, and any equitable adjustments between co-owners. A co-owner who paid more than their fair share of expenses may receive an offset from the proceeds. Jones Booth Law handles all aspects of partition litigation and will advocate for an equitable distribution of your share.

Contact Our Atlanta Real Estate Litigation Team

If you are a co-owner of property in Georgia and cannot reach agreement with your co-owners about its disposition, Jones Booth Law can help. We serve clients throughout Atlanta, Alpharetta, Cumming, Marietta, and surrounding areas. Contact our office to discuss your partition matter and understand your options for resolving the dispute.