§ 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 […]
§ 44-6-161. 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 […]
§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial
At the term of the court when the application is made or at the next term after the partitioners have made their return, any of the persons against whose right or title a judgment is sought may file objections to the right of the applicant and the writ of partition or to the return of […]
§ 44-6-166. Return of Partitioners as Judgment of Court; Conclusiveness; When Second Partition Ordered; Effect
If no objection to the return of the partitioners is filed by any of the parties or if, being filed, the jury on the trial finds a verdict against the party setting up such objections, the return of the partitioners shall be made the judgment of the court and shall be final and conclusive as […]
§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable
As used in this Code section, the term: “Party in interest” means any person, other than a petitioner, having an interest in property. “Petitioner” means any person petitioning for partition of property. “Property” means lands and tenements sought to be partitioned pursuant to this subpart. Whenever an application is made for the partition of property […]
§ 44-6-167. When Sale of Lands Ordered; Procedure; Place of Sale; Notice
In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such regulations and upon such just and equitable terms as it […]
§ 44-6-168. Commissioners’ Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt
After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order […]