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 disabled person, or the beneficiary of a trust by the guardian of such minor, the guardian of such mentally ill or intellectually disabled person, or the trustee of such beneficiary, as the case may be.
History. Orig. Code 1863, § 3897; Code 1868, § 3921; Code 1873, § 3997; Code 1882, § 3997; Civil Code 1895, § 4787; Civil Code 1910, § 5359; Code 1933, § 85-1505; Ga. L. 2015, p. 385, § 4-10/HB 252.
The 2015 amendment, effective July 1, 2015, in the first sentence, inserted “or she” and inserted “or her”; and substituted “intellectually disabled” for “retarded” twice in the second sentence.
Editor’s notes.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’
Structure Georgia Code
Subpart 2 - Statutory Partition
§ 44-6-160. Grounds for Partition; Jurisdiction; Contents of Petition
§ 44-6-161. Who May Apply for Partition
§ 44-6-162. Notice of Intention to Apply for Writ of Partition
§ 44-6-163. Issuance of Writ of Partition; Appointment of Partitioners
§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial
§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable
§ 44-6-167. When Sale of Lands Ordered; Procedure; Place of Sale; Notice
§ 44-6-169. Title to Property Sold; Execution of Deed of Conveyance by Commissioners
§ 44-6-170. Treatment of Extraordinary Cases; Denial of Sale or Partition
§ 44-6-172. Partition of Realty by Life Tenants — Effect on Other Parties; Conditions
§ 44-6-174. Partition of Realty by Life Tenants — Cumulative Effect