In the past year, NPR, Time, the New York Times, and several other major outlets published stories about the “new wave” of friends and unmarried romantic partners buying homes together. The reporting tends to focus on the trendiness of the idea: rising home prices, shifting generational norms, and the increasingly creative strategies people use to get a foot in the housing market.
All fair points. But what many of these articles don’t spend enough time on is the part that happens after the Instagram-friendly move-in photo: when relationships end, friendships dissolve, priorities shift, and you’re still co-owners of a house and co-borrowers on a 30-year mortgage.
Last year, we wrote about the basics of equitable partition — the legal process in Georgia for unwinding co-ownership when people can’t agree on what to do with a property. That first post was geared toward unmarried couples buying a home and how to avoid trouble before signing the mortgage.
This time, we’re shifting the lens. Because in recent years, we’ve begun to handle more of these real-world disputes, often after the “best case scenario” didn’t pan out.
Fair warning: we hate to be vibe killers, but if you were to find yourself co-owning a home with someone you’re no longer aligned with (emotionally, financially, or both), you need more than feel-good advice. You need clarity about what actually helps, and what definitely doesn’t, when you’re headed toward a potential court-ordered sale of the property through a legal process formally known as equitable partition.
Below are five lessons we see play out time and again in real cases.
1. Be realistic about what the house is worth
Today’s homeowners have no shortage of information about home value: Zillow, Redfin, the county tax assessor — take your pick. These resources are great, but they’re also frequently wrong, sometimes by a lot. They don’t know about the kitchen you remodeled, the HVAC you replaced, or the water damage you never got around to fixing.
In equitable partition cases, being reasonable about the property’s value is essential, especially when one person is trying to buy out the other’s equity. If you can’t agree, committing to a neutral appraisal by someone who knows your submarket is the next best thing. The $500–$1,000 price tag is well worth the stress relief.
Also: sentimental value does not count. Not for the court and not for determining a fair number. You might love the house, but in a partition scenario, the only value that matters is the market’s.
2. Put personal issues aside
Most equitable partitions stem from the end of a long-term relationship. We get it — things are inherently personal. But treating the legal process like a continuation of the breakup (or worse, a chance at emotional warfare) only guarantees two things:
- Your stress goes up; and
- Your legal fees go way up.
We see it all the time. And to be candid: if we suspect a potential client wants to use equitable partition as a proxy for revenge, we’re probably going to decline representation. It helps no one.
The people who come out of these situations the happiest (or at least the least upset) are those who can separate the personal issues from the business decision in front of them. It’s not easy, but it is necessary.
3. Approach the process as collaborative, not antagonistic
We love it when joint owners come in with a plan. We will earn fewer legal fees, but the client will get a better result, and that is what is most important. Parties who collaborate — even imperfectly — almost always end up far happier with the outcome than those who dig into a fight.
If you can agree upfront on simple things like:
- the buyout price;
- whether you’re listing the property;
- the realtor;
- the timeline; and/or
- who manages showings.
…then the lawyer’s job is largely to memorialize the agreement, flag issues you haven’t considered, and guide the process through to completion without unnecessary friction.
Working collaboratively saves time, money, and emotional energy. Working antagonistically does the opposite.
4. Avoid sentimentality — there are other homes out there
You may have had your best dinner party in that house. Maybe you got big news there. Maybe your dog learned to swim in the backyard pool. All valid emotions, but none of them are helpful here.
The faster you accept at least one of you will need to sell your interest, the better off both parties will be. And sometimes, even when one partner can buy out the other, selling the home may still make more sense — financially, emotionally, and for the sake of closure.
There are millions of houses in the U.S., and hundreds of thousands in metro Atlanta alone. You will find another place. And it will feel like home sooner than you think.
5. Focus on the bottom line
We, as attorneys, make our money by billing you. And we are begging you: keep your money in your own pocket!
Every dollar spent on legal fees is a dollar you don’t walk away with after resolution. Some people understand this immediately. Others need to spend tens of thousands before they “get it.” We’re still happy to help either group, but your future self would prefer you be the former.
We’ve seen disputes nearly derail over things like who gets the parakeet. That’s not a real estate problem — that’s a divorce-lawyer problem. If you’re not married, don’t hire a divorce lawyer. You need someone who understands title, valuation, and the mechanics of unwinding co-ownership. Stay focused on the financial reality, not the noise. You’ll save thousands and walk away with far fewer regrets.
Final Thoughts
Co-ownership can be a great way to buy a home when prices are high or resources are limited. But the media doesn’t always cover the full picture. If things go south — be it with a romantic partner, family member, or friend — the threat of equitable partition, an imperfect process, becomes the safety valve.
These five lessons won’t make the process fun, but they can make it far less painful, and far more predictable.For a refresher on the basics of equitable partition, make sure to revisit our article from last year. And if you find yourself navigating one of these situations now, feel free to reach out — the earlier you get clarity, the better your options tend to be.
