Georgia Code
Chapter 6 - Estates
Article 7 - Tenancy in Common

Part 1 - In General

§ 44-6-120. “Tenancy in Common” Defined; Presumption of Equality of Shares; Effect of Inequality of Shares on Right of Possession - Unless otherwise specifically provided by statute and unless the document...

§ 44-6-121. Rights and Liabilities of Cotenants; Accounting - History. Orig. Code 1863, § 2283; Code 1868, § 2276;...

§ 44-6-122. Accounting Between Cotenants for Unequal Share of Rents or Profits; Priority of Claim Over Certain Liens - If one tenant in common receives more than his share...

§ 44-6-123. Adverse Possession Against Cotenant; Action to Recover Possession - There may be no adverse possession against a cotenant until...

Part 2 - Partition

Subpart 1 - Equitable Partition

§ 44-6-140. When Equitable Partition Authorized - Equity has jurisdiction in cases of partition whenever the remedy...

§ 44-6-141. Molding of Decree; Discretion of Court - In every case, the court will mold its decree to...

§ 44-6-142. Effect of Decree on Title - The decree on a proceeding for equitable partition shall pass...

Subpart 2 - Statutory Partition

§ 44-6-160. Grounds for Partition; Jurisdiction; Contents of Petition - When two or more persons are common owners of lands...

§ 44-6-161. Who May Apply for Partition - If the party desiring the writ of partition is of...

§ 44-6-162. Notice of Intention to Apply for Writ of Partition - The party applying for the writ of partition shall give...

§ 44-6-163. Issuance of Writ of Partition; Appointment of Partitioners - When the application for partition is made and when due...

§ 44-6-164. Appointment of Surveyor; Notice of Time of Execution of Writ; Oath of Partitioners; Principles Governing Partition; Partitioner’s Return - The partitioners shall have the power to select a surveyor...

§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial - At the term of the court when the application is...

§ 44-6-166. Return of Partitioners as Judgment of Court; Conclusiveness; When Second Partition Ordered; Effect - If no objection to the return of the partitioners is...

§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable - History. Code 1981, § 44-6-166.1 , enacted by Ga. L....

§ 44-6-167. When Sale of Lands Ordered; Procedure; Place of Sale; Notice - In the event lands and tenements sought to be partitioned...

§ 44-6-168. Commissioners’ Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt - After the sale of any lands and tenements provided for...

§ 44-6-169. Title to Property Sold; Execution of Deed of Conveyance by Commissioners - Upon the sale of lands and tenements as provided for...

§ 44-6-170. Treatment of Extraordinary Cases; Denial of Sale or Partition - In any extraordinary case not covered by Code Sections 44-6-160...

§ 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 - When proceedings have been instituted and judgment of the partition...

§ 44-6-172. Partition of Realty by Life Tenants — Effect on Other Parties; Conditions - In all cases where an undivided interest in real estate...

§ 44-6-173. Partition of Realty by Life Tenants — Appointment of Guardians Ad Litem; Service of Notice of Application; Time for Answer - History. Ga. L. 1961, p. 228, § 2.

§ 44-6-174. Partition of Realty by Life Tenants — Cumulative Effect - The right of partition provided by Code Sections 44-6-172 and...

Subpart 3 - Uniform Partition of Heirs Property

§ 44-6-180. Definitions - As used in this subpart, the term: History. Code 1981,...

§ 44-6-181. Application; Determination of Heirs Property - History. Code 1981, § 44-6-181 , enacted by Ga. L....

§ 44-6-182. Posting Notice Sign on Property - If an order for service by publication of the summons...

§ 44-6-183. Qualifications of Partitioners - If the court appoints partitioners as described in Code Section...

§ 44-6-184. Appraisal of Heirs Property; Other Method to Determine Value; Notice of Value; Required Hearing - History. Code 1981, § 44-6-184 , enacted by Ga. L....

§ 44-6-185. Partition by Sale; Purchase by Party; Buyouts; Sale to Others; Notice and Hearing - History. Code 1981, § 44-6-185 , enacted by Ga. L....

§ 44-6-186. Partitions in Kind - History. Code 1981, § 44-6-186 , enacted by Ga. L....

§ 44-6-187. Open Market Sales; Brokers and Commissions; Sealed Bids or Public Sale - History. Code 1981, § 44-6-187 , enacted by Ga. L....

§ 44-6-188. Obligation of Brokers to Court; Reporting Requirements - History. Code 1981, § 44-6-188 , enacted by Ga. L....

§ 44-6-189. Uniformity Among States - In applying and construing this subpart, consideration shall be given...

§ 44-6-189.1. Construction With Federal Electronic Signatures in Global and National Commerce Act - This subpart modifies, limits, and supersedes the federal Electronic Signatures...