Partition Action

When property is owned by more than one person, a partition action is used to resolve the issue and provide fair compensation for each party. Thrift McLemore represents clients who cannot reach an agreement regarding how to use or maintain a property and need to file a partition action to separate ownership interests. Partition actions are most common in situations when the property is owned jointly by an unmarried couple who separates, children inherit a property or a business partnership dissolves without an agreement regarding the division of its assets.

Regardless of the circumstance, our partition attorneys represent clients who either want to bring a partition action or has been named in a partition action where jointly owned property is involved. We recognize that these situations may not be amicable and will recommend the best partition option for each unique circumstance.

Partition Options

There are two ways to divide parties in a partition action:

Partition in Kind. Also known as an actual partition, this process essentially severs joint ownership in the property by dividing it into individual portions. Each of these portions is solely owned and controlled by a specific person to be used as he or she chooses. This partition option tends to be legally easier to complete than the second one and is often used when the joint owners are generally on good terms but disagree about the best use of the land.
Partition by Sale. As the name implies, this process requires the sale of the entire property and the division of the proceeds among the owners in proportion to their ownership interest. This option is most often used when the property cannot be divided into smaller portions or when the joint owners cannot agree about who should keep the property.

Partition options can be voluntary, disputed or court-ordered, depending on the circumstances, including animosity between the parties or one person believes that he or she is being treated unfairly.

Partition Option Representation

Partition actions are viewed as the option of last resort and our attorneys provide mediation services with the goal of achieving a satisfactory outcome to all parties without the need for formal legal action. If mediation is not appropriate under the circumstances or if it fails to achieve a consensus, we will represent your interests throughout the partition process to assure your interests are protected. Our attorneys will advise you as to your rights and obligations under this legal process and work to assure that you receive the correct portion of the property or sale proceeds. Costs for a partition action vary widely, depending on title, eviction, referee, and attorneys.

Our Aim

Our aim is to assure that you receive your fair and just portion of the property, or its proceeds, at the center of this action. When the partition action is voluntary or court ordered, Thrift McLemore will provide legal counsel and representation through every step of this process.

Blog Posts about Partition Action

When Might a Property Partition be Necessary and What Does it Mean?
By Craig Thrift |
Jun 9, 2023
When owners disagree on the use or sale of a property, a partition action can separate co-owned property in Georgia. Statutory partition results in a physical division leaving each party owning part of the property or may involve one party buying out the other party. Although not commonly used, equitable partition physically divides the property or orders the sale of the property with the proceeds distributed to the parties.
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Legally Protecting Yourself When Moving in with a Boyfriend or Girlfriend
By Stephanie Eban |
Jan 31, 2023
Cohabitating couples may use a revocable living trust or an LLC to protect their financial interests. A trust works for homestead properties, defining asset distribution and rights if one partner passes away or becomes incapacitated while an LLC uses an operating agreement that outlines responsibilities, rights, and contingency plans for non-homestead properties.
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Is Adverse Possession Free Real Estate?
By Craig Thrift |
May 4, 2021
In Georgia, adverse possession allows someone to gain legal ownership of another’s property by using it openly, continuously, and without permission for 20 years (seven with written title). To protect against adverse possession claims, owners should take legal action against trespassers as well as maintain, inspect, and clearly mark boundaries.
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House Flipping and Potential Legal Pitfalls
By Craig Thrift |
Jun 6, 2020
Real estate flipping can be profitable but carries risks and requires you to navigate FHA re-selling restrictions, mortgage loan disclosures, and title requirements. Mortgage fraud schemes can also inflate property values while title issues can make ownership unclear.
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Understanding a Quiet Title Action
By Craig Thrift |
Jun 1, 2020
A quiet title action is a legal process used to resolve disputes or defects in property ownership, such as unclear boundaries, unresolved liens, or conflicting claims, resulting in a clear title and uncontested ownership. A primary benefit of pursuing a quiet title action is to prevent future challenges to ownership of a property.
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