A partition action is a unique type of lawsuit pertaining to joint owners of real property. Partition actions arise when two or more owners of real property cannot agree on the disposition of real property and serve to divide it between multiple parties who own or have an interest in that property. To that end, Georgia law provides three legal vehicles for those with an ownership interest to initiate a partition action: (1) statutory partition; (2) equitable partition; and, (3) heirs partition.

Statutory partition actions are the most common and may be filed by any owner of the real property. These partition actions are rife with procedural pitfalls, as litigants must strictly adhere to the intricacies of the Georgia Partition Statute.

Equitable partitions may similarly be filed by any owner of the real property. However, an equitable partition is available if the filing owner can demonstrate that they have no remedy at law. Alternatively, an equitable partition is available upon a showing that the real property or circumstances of the partition are so peculiar that a statutory partition will not adequately address the nuances of the situation.

As the name implies, an heirs partition applies exclusively to the partition of real property that is jointly owned by the heirs of that property. In such cases, Georgia law requires that heirs partitions adhere to the heir-specific protections created by the Uniform Partition of Heirs Property Act.

In most partition actions, real property cannot be physically divided between the owners. As such, the most common relief awarded in a partition action is an order from the court that the real property be sold and the proceeds divided among the owners. This relief is more commonly referred to as a partition-by-sale.

In rarer instances, the real property is capable of being physically divided. In those cases, a court may order a physical partition, otherwise known as a partition-in-kind, with each party to receive a proportionate physical share of the property itself.