§ 44-6-202. Time of Creation of Nonvested Property Interest or Power of Appointment
Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. For purposes of this article, if there is a person who alone can […]
§ 44-6-203. Reform of Disposition by Court to Approximate Transferor’s Plan of Distribution
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if: A nonvested property interest or a power […]
§ 44-6-204. Exceptions to Applicability of Article
Code Section 44-6-201 shall not apply to: A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: A premarital or postmarital agreement; A separation or divorce settlement; A spouse’s election; A similar arrangement arising out of a […]
§ 44-6-181. Application; Determination of Heirs Property
This subpart shall apply to partition actions filed on or after January 1, 2013. In an action to partition real property under Subpart 1 or 2 of this part, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned pursuant […]
§ 44-6-205. Applicability of Article; Court Reform of Nonvested Dispositions Created Before Article Became Effective
Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2018. For purposes of this Code section only, a nonvested property interest or a power of appointment created by the exercise of a power […]
§ 44-6-182. Posting Notice Sign on Property
If an order for service by publication of the summons for a writ of partition is granted and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court’s determination that the property may be heirs property, shall post a sign in the right of way […]
§ 44-6-206. Application and Construction of Article
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. History. Code 1981, § 44-6-206 , enacted by Ga. L. 1990, p. 1837, § 2.
§ 44-6-183. Qualifications of Partitioners
If the court appoints partitioners as described in Code Section 44-6-163, each partitioner shall be a discreet person, disinterested, impartial, and not a party to or a participant in the writ of partition. History. Code 1981, § 44-6-183 , enacted by Ga. L. 2012, p. 97, § 2/HB 744.
§ 44-6-184. Appraisal of Heirs Property; Other Method to Determine Value; Notice of Value; Required Hearing
Except as otherwise provided in subsections (b) and (c) of this Code section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this Code section. If […]
§ 44-6-185. Partition by Sale; Purchase by Party; Buyouts; Sale to Others; Notice and Hearing
If any cotenant requests partition by sale, after the court determines the fair market value of the heirs property under Code Section 44-6-184 or accepts the evaluation of the property agreed to by all cotenants, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may […]