Georgia law recognizes two types of partition actions, equitable partition and statutory partition. In an equitable partition action, the court decides how to partition property physically. If the court decides that a physical partition is impracticable, the court may order the property sold and the proceeds divided.
Equitable partition has the advantage of simplicity.
Not only is the convoluted procedure of statutory partition avoided, but the familiar rules of the Civil Practice Act govern. Additionally, because partition actions generally are part of other disputes, the equitable partition procedure allows all issues to be decided in one proceeding. For example, it is not unusual for two parties to dispute the title of the other but to request, alternatively, that property be partitioned if the court finds that they are tenants in common. Equitable partition is available only in the absence of an adequate remedy of law or upon a showing that circumstances make equitable relief more just and suitable. The Georgia Supreme Court has strictly applied this concept to deny equitable partition where statutory partition is available.