Georgia Code
Subpart 2 - Statutory Partition
§ 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 be served on the guardian of such minor, the guardian of such mentally ill or intellectually disabled person, or the trustee of such beneficiary. If any of the parties reside outside of this state, the court may order service by publication as in its judgment is right in each case.
History. Laws 1767, Cobb’s 1851 Digest, p. 582; Code 1863, § 3898; Code 1868, § 3922; Code 1873, § 3998; Code 1882, § 3998; Civil Code 1895, § 4788; Civil Code 1910, § 5360; Code 1933, § 85-1506; Ga. L. 1991, p. 94, § 44; Ga. L. 2015, p. 385, § 4-11/HB 252.
The 2015 amendment, effective July 1, 2015, inserted “or her” in the first sentence 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.’ ”
Law reviews.
For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

Structure Georgia Code