Georgia Code
Subpart 2 - Statutory Partition
§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable

History. Code 1981, § 44-6-166.1 , enacted by Ga. L. 1983, p. 1182, § 1; Ga. L. 1985, p. 149, § 44.
Law reviews.
For annual survey of real property law, see 41 Mercer L. Rev. 317 (1989).
For note, “The Georgia Condominium Act’s Authorization of Private Takings: Revisiting Kelo and ‘Bitter with the Sweet,”’ see 55 Ga. L. Rev. 395 (2020).

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