Texas Partition Agreement With Sale In Georgia
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FAQ
Any co-owner may apply for partition writ. - Statute relating to partition of realty expressly provides that, in all cases where two or more persons are common owners of land by descent, any one of such owners may apply for a writ of partition. Evans v. Little, 246 Ga. 219, 271 S.E.2d 138 (1980) (see O.C.G.A.
In Georgia, when an unmarried couple who own property together breaks up, the division of property is not automatically determined by law. Instead, the couple will need to come to an agreement on how to divide their assets and debts.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
If one owner wants to sell a jointly owned property but the other owner(s) refuse, the party seeking to sell can file a partition action. This legal procedure allows a court to intervene and force the sale of the property, dividing the proceeds among the owners ing to their ownership interests.
Equitable Partition Under Georgia Law If equitable partition is permitted, the court will determine how to divide the property. If a physical separation is not practicable, the court can order the parties to sell the property and divide the proceeds.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
How do I file a complaint or petition in civil court? You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
