§ 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 […]
§ 44-6-190. Creating Joint Tenancy With Survivorship; Severance; Effect of Code Section on Other Laws
Deeds and other instruments of title, including any instrument in which one person conveys to himself or herself and one or more other persons, any instrument in which two or more persons convey to themselves or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest […]
§ 44-6-200. Short Title
This article shall be known and may be cited as the “Uniform Statutory Rule Against Perpetuities.” History. Code 1981, § 44-6-200 , enacted by Ga. L. 1990, p. 1837, § 2. Law reviews. For comment on Regents of Univ. Sys. v. Trust Co., 186 Ga. 498 , 198 S.E. 345 (1938), see 1 Ga. B.J. […]
§ 44-6-201. Validity of Nonvested Property Interest or Power of Appointment
A nonvested property interest is invalid unless: When the interest is created, it is certain either to vest or to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or The interest either vests or terminates within 360 years after its creation. A general power […]
§ 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 […]
§ 44-6-142. 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.