If you still own property with your former spouse after a Georgia divorce, either of you can ask a court to partition it, which usually ends in a buyout or sale.
How You End Up Co-Owners
If your decree leaves a jointly owned house in both names, or never mentions it, you remain co-owners, as our post on property your divorce decree does not mention explains. Under OCGA 44-6-160, unless something provides how the land is to be divided, any co-owner may petition the superior court where it lies for partition.
How a Partition Ends
If a co-owner who did not file convinces the court that the land cannot fairly be divided by metes and bounds, because of its improvements or because dividing it would lower its value, OCGA 44-6-166.1 has three appraisers value it. The other owners may then buy out the filer’s share at that price; if they do not, it goes to a public sale, with the proceeds divided by share. OCGA 44-6-167, 44-6-168. Without that showing, partitioners divide the land itself. OCGA 44-6-163, 44-6-164.
Equity steps in “whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just.” OCGA 44-6-140. The court “may postpone or deny either a partition or a sale” if a co-owner’s interest may not be protected. OCGA 44-6-141.
A Decree Alone Does Not Take Away the Right
In Harvey v. Sessoms, 284 Ga. 75 (2008), a 1970 decree gave the wife “permanent possession” of the home while title stayed in both names. Decades later he petitioned for partition, and the Georgia Supreme Court reversed a ruling against him: “Where a non-possessing tenant in common has not agreed to give up his right to partition, that right is not extinguished by a judgment imposed upon him.”
Harvey explains that the right can be given up by agreement, as when a settlement gives the other spouse possession of the home.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!