GA Code § 44-6-121 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 1 - In General|§ 44-6-121. Rights and Liabilities of Cotenants; Accounting

  Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such as mineral deposits, he shall not be liable to account for rent to his cotenant.   A tenant in common shall be liable to account to his cotenant if he:   Receives any rent or other profit from the joint property;   Commits any waste;   Deprives his cotenant of the use of his fair proportion of the joint property;   Appropriates the joint property to his exclusive use; or   Uses the joint property in a manner which must necessarily be exclusive.      (Orig. Code 1863, § 2283; Code 1868, § 2276; Code 1873, § 2302; Code 1882, § 2302; Civil Code 1895, § 3144; Civil Code 1910, § 3724; Code 1933, § 85-1003.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Cotenancy and Joint Ownership, § 33 et seq.   24B Am. Jur. Pleading and Practice Forms, Waste, § 16.   C.J.S.   - 41 C.J.S., Husband and Wife, §§ 39, 40. 86 C.J.S., Tenancy in Common, §§ 8 et seq., 21 et seq., 51 et seq., 76 et seq., 115 et seq.   ALR.    - Rights of cotenants inter se as to timber, 2 A.L.R. 993; 41 A.L.R. 582.    Rights of cotenants inter se as to oil and gas, 40 A.L.R. 1400; 91 A.L.R. 205.    Construction and effect of statutory provision for double or treble damages against tenant committing waste, 45 A.L.R. 771.    Rights and remedies of tenant in common who pays his cotenant's share of taxes or assessments, 48 A.L.R. 586.    Lump-sum assessment for taxes or public improvement against property owned by cotenants in undivided shares, 80 A.L.R. 862.    Right of cotenant to acquire and assert adverse title or interest as against other cotenant, 85 A.L.R. 1535.    Contribution or allowance as between cotenants in remainder as affected by fact that one or more of them owns, or did own, life estate or an interest therein, 98 A.L.R. 859.    Cotenant's right to contribution in respect of taxes, improvements, or repairs as subject to reduction on account of rents and profits for which he is not otherwise responsible, 136 A.L.R. 1022.    Provision in fire insurance policy against other insurance as applied to property owned jointly or by cotenants, 143 A.L.R. 425.    Right of colessor in community oil or gas lease to lessen production and royalties thereunder by operations on land released from or not covered by the lease, 167 A.L.R. 1225.   Cotenancy as factor in determining representation of property owners in petition for or remonstrance against public improvement, 3 A.L.R.2d 127.   Basis of computation of cotenant's accountability for minerals and timber removed from the property, 5 A.L.R.2d 1368.   Capacity of cotenant to maintain suit to set aside conveyance of interest of another cotenant because of fraud, undue influence, or incompetency, 7 A.L.R.2d 1317.   Rights and remedies as between cotenants of cemetery lots respecting burials therein, 10 A.L.R.2d 219.   Survivor's rights to contents of safe-deposit box leased or used jointly with another, 14 A.L.R.2d 948.   Effect of lease given by part only of cotenants, 49 A.L.R.2d 797.   Accountability of cotenants for rents and profits or use and occupation, 51 A.L.R.2d 388.   Grant of part of cotenancy land, taken from less than all cotenants, as subject of protection through partition, 77 A.L.R.2d 1376.   Effect of cotenant's attempt to devise or bequeath specific portion of property held in common, 97 A.L.R.2d 739.   Larceny: cotenant taking cotenancy property, 17 A.L.R.3d 1394.   Felonious killing of one cotenant or tenant by the entireties by the other as affecting the latter's right in the property, 42 A.L.R.3d 1116.