In all cases where an undivided interest in real estate has been or may be granted or devised to a person for his lifetime with remainder or reversion to others, such life tenant may compel a partition pursuant to the partition laws of this state which may, upon a proper judgment of the superior court based upon an application therefor, bind all parties interested whether in possession, reversion, or remainder and whether or not those entitled to take are in being, provided the property is capable of fair and equitable partition and such fact is adjudicated by the court in such proceeding. No sale of the property may be made or had under such application for partition, and the terms of the grant or devise shall otherwise remain in full force and effect.
History. Ga. L. 1959, p. 189, § 1; Ga. L. 1961, p. 228, § 1.
Law reviews.
For article surveying recent legislative and judicial developments in Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).
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