§ 44-6-141. Molding of Decree; Discretion of Court
In every case, the court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either a partition or a sale if it appears that the present or prospective interest of any cotenant may not be protected thereby. History. Orig. Code 1863, § […]
§ 44-6-173. Partition of Realty by Life Tenants — Appointment of Guardians Ad Litem; Service of Notice of Application; Time for Answer
Under the partition proceeding provided in Code Section 44-6-172, the court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners on such terms as may be ordered by the court. When interested minors are not represented by a guardian, the court shall also appoint a guardian ad litem […]
§ 44-6-142. Effect of Decree on Title
The decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties. History. Orig. Code 1863, § 3116; Code 1868, § 3128; Code 1873, § 3184; Code 1882, § 3184; Civil Code 1895, § 4784; Civil Code 1910, § 5356; Code 1933, § 85-1503.
§ 44-6-174. Partition of Realty by Life Tenants — Cumulative Effect
The right of partition provided by Code Sections 44-6-172 and 44-6-173 shall be cumulative to existing laws. History. Ga. L. 1961, p. 228, § 3.
§ 44-6-160. Grounds for Partition; Jurisdiction; Contents of Petition
When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by will or otherwise, as to how such lands and tenements shall be divided, any one of such common owners may apply by petition to the superior court of the county in […]
§ 44-6-180. Definitions
As used in this subpart, the term: “Ascendant” means an individual who precedes another individual in lineage in a direct line of ascent from the other individual. “Broker” means any individual or entity issued a broker’s real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. Such term shall […]
§ 44-6-161. Who May Apply for Partition
If the party desiring the writ of partition is of full age and free from disability, he or she may make the application either in person or by his or her agent or attorney in fact or at law. An application may be made for the benefit of a minor, a mentally ill or intellectually […]
§ 44-6-162. Notice of Intention to Apply for Writ of Partition
The party applying for the writ of partition shall give the other parties concerned at least 20 days’ notice of his or her intention to make the application. If any of the other parties is a minor, a mentally ill or intellectually disabled person, or a beneficiary of a trust, the 20 days’ notice shall […]
§ 44-6-163. Issuance of Writ of Partition; Appointment of Partitioners
When the application for partition is made and when due proof is made that the notice required by Code Section 44-6-162 has been given, the court shall examine the petitioner’s title and share of the premises to be partitioned and shall thereupon pass an order directing the clerk of the superior court to issue a […]
§ 44-6-164. Appointment of Surveyor; Notice of Time of Execution of Writ; Oath of Partitioners; Principles Governing Partition; Partitioner’s Return
The partitioners shall have the power to select a surveyor to aid them in the discharge of their duties. After giving all the parties, if possible, at least eight days’ notice of the time of executing the writ and after being sworn to execute the writ duly and impartially before an officer authorized by law […]