What Happens to Property that May not be divided by Metes and Bounds or by any type of Physical Division?
When property that is subject to partition cannot be divided by metes and bounds or any other form of physical division, a petition may be filed to have the property sold and the monetary proceeds divided among the owners. This type of partition requires a 20 day notice of intent to partition. Unless there is an agreement between and among the owners to compromise their differences prior to sale (and more often than not, a compromise is reached) the property will be sold on the courthouse steps to the highest bidder without reserve. [The law is unclear whether the sale of partitioning of property pursuant to O.C.G.A. 44-6-166.1, may initially be offered “with reserve.”] The applicable code sections calls for the following steps to be taken: O.C.G.A. 44-6-166.1 Partition when Physical Division of Property is Inequitable. (a) As used in this Code section, the term: (1) “Party in interest” means any person, other than a petitioner, having an interest in property. (2) “Petitioner” means an
