§ 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 […]
§ 44-6-182. 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 […]
§ 44-6-183. 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 […]
§ 44-6-186. Partitions in Kind
If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Code Section 44-6-185, or if after conclusion of the buyout under Code Section 44-6-185, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration […]
§ 44-6-187. Open Market Sales; Brokers and Commissions; Sealed Bids or Public Sale
If the court orders an open-market sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or a public sale would be more economically advantageous and in the best interest of the cotenants as a group. If the court orders an open-market sale and […]
§ 44-6-188. Obligation of Brokers to Court; Reporting Requirements
A broker appointed under subsection (b) of Code Section 44-6-187 to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Code Section 44-6-184 or 44-6-187. The report required by subsection (a) […]
§ 44-6-189. Uniformity Among States
In applying and construing this subpart, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the “Uniform Partition of Heirs Property Act.” History. Code 1981, § 44-6-189 , enacted by Ga. L. 2012, p. 97, § 2/HB 744.
§ 44-6-189.1. Construction With Federal Electronic Signatures in Global and National Commerce Act
This subpart modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]