Georgia Code
Subpart 2 - Statutory Partition
§ 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 writ of partition which shall be framed according to the nature of the case and directed to five freeholders of the county in which the lands are located who shall serve as partitioners; and the court shall execute and return the writ as provided in Code Section 44-6-164.
History. Laws 1767, Cobb’s 1851 Digest, p. 582; Laws 1827, Cobb’s 1851 Digest, p. 583; Code 1863, § 3899; Code 1868, § 3923; Code 1873, § 3999; Code 1882, § 3999; Civil Code 1895, § 4789; Civil Code 1910, § 5361; Code 1933, § 85-1507.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 6 - Estates

Article 7 - Tenancy in Common

Part 2 - Partition

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

§ 44-6-164. Appointment of Surveyor; Notice of Time of Execution of Writ; Oath of Partitioners; Principles Governing Partition; Partitioner’s Return

§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial

§ 44-6-166. Return of Partitioners as Judgment of Court; Conclusiveness; When Second Partition Ordered; Effect

§ 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

§ 44-6-168. Commissioners’ Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt

§ 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

§ 44-6-171. Setting Aside Judgment by Parties Under Disability, Absent, or Not Notified; Time Limitations; Conclusiveness of Judgment; Effect of Proceedings on Bona Fide Purchaser

§ 44-6-172. Partition of Realty by Life Tenants — Effect on Other Parties; Conditions

§ 44-6-173. Partition of Realty by Life Tenants — Appointment of Guardians Ad Litem; Service of Notice of Application; Time for Answer

§ 44-6-174. Partition of Realty by Life Tenants — Cumulative Effect