reglab/housing_qa huggingface dataset:
GA Code § 44-6-140 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 1 - Equitable Partition|§ 44-6-140. When Equitable Partition Authorized

 Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just.   (Orig. Code 1863, § 3115; Code 1868, § 3127; Code 1873, § 3183; Code 1882, § 3183; Civil Code 1895, § 4783; Civil Code 1910, § 5355; Code 1933, § 85-1501.)   Law reviews.   - For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Distinction Between Equity and Law   Circumstances Supporting Partition   Procedure   Relief Granted   Illustrative Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 27A Am. Jur. 2d, Equity, § 4.   C.J.S.   - 68 C.J.S., Partition, § 72 et seq.   ALR.    - Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105.    Divorce as affecting estate by entireties, 52 A.L.R. 890; 59 A.L.R. 718.    Right of executor or administrator to bring proceedings for partition of real property, 57 A.L.R. 573.    Partition of partnership real property, 77 A.L.R. 300.    Acquisition by one party pending partition suit of all outstanding joint or common interests as affecting power of court to determine questions of controverted title, remove clouds on title, etc., 162 A.L.R. 227.   Contractual provisions as affecting right to judicial partition, 37 A.L.R.3d 962.   Necessary or proper parties to suit or proceeding to establish private boundary line, 73 A.L.R.3d 948.   Homestead right of cotenant as affecting partition, 83 A.L.R.6th 605.
GA Code § 44-6-141 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 1 - Equitable Partition|§ 44-6-141. Molding of Decree; Discretion of Court

 In every case, the court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either a partition or a sale if it appears that the present or prospective interest of any cotenant may not be protected thereby.   (Orig. Code 1863, § 3117; Code 1868, § 3129; Code 1873, § 3185; Code 1882, § 3185; Civil Code 1895, § 4785; Civil Code 1910, § 5357; Code 1933, § 85-1502.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27A Am. Jur. 2d, Equity, § 1.   C.J.S.   - 68 C.J.S., Partition, § 72.   ALR.    - Power to decree pecuniary sum as equality in order to equalize shares of parties in partition, 65 A.L.R. 352.    Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.    Acquisition by one party pending partition suit of all outstanding joint or common interests as affecting power of court to determine questions of controverted title, remove clouds on title, etc., 162 A.L.R. 227.   Allowance and apportionment of counsel fee in partition action or suit, 94 A.L.R.2d 575.
GA Code § 44-6-142 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 1 - Equitable Partition|§ 44-6-142. Effect of Decree on Title

 The decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties.   (Orig. Code 1863, § 3116; Code 1868, § 3128; Code 1873, § 3184; Code 1882, § 3184; Civil Code 1895, § 4784; Civil Code 1910, § 5356; Code 1933, § 85-1503.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, § 115.   C.J.S.   - 68 C.J.S., Partition, § 131.
GA Code § 44-6-160 (2021)
2021 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

 When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by will or otherwise, as to how such lands and tenements shall be divided, any one of such common owners may apply by petition to the superior court of the county in which such lands and tenements are located for a writ of partition which shall set forth plainly and distinctly the facts and circumstances of the case, shall describe the premises to be partitioned, and shall define the share and interest of each of the parties therein. When the lands in question constitute a single tract situated in more than one county, the application may be made to the superior court of any of such counties.   (Laws 1767, Cobb's 1851 Digest, p. 581; Code 1863, § 3896; Code 1868, § 3920; Code 1873, § 3996; Code 1882, § 3996; Civil Code 1895, § 4786; Ga. L. 1900, p. 56, § 1; Civil Code 1910, § 5358; Ga. L. 1920, p. 85, § 1; Code 1933, § 85-1504.)   Law reviews.   - For annual survey on domestic relations, see 61 Mercer L. Rev. 117 (2009). For article, "A Primer on Heirs Property and Georgia's New Uniform Partition of Heirs Property Act: Protecting Owners of Heirs Property," see 19 G. St. B.J. 16 (Oct. 2013).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Distinction Between Law and Equity   Circumstances Supporting Partition   Procedure   Relief Granted   Illustrative Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, §§ 1, 71 et seq.   C.J.S.   - 68 C.J.S., Partition, § 72 et seq.   ALR.    - Divorce as affecting estate by entireties, 52 A.L.R. 890; 59 A.L.R. 718.    Right to partition of different tracts of land in same proceeding, 65 A.L.R. 893.    Venue of suit for partition of land, 128 A.L.R. 1232.    Suit for partition as involving freehold or title to real estate within constitutional or statutory provisions relating to jurisdiction, 135 A.L.R. 1066.    Probate of will as condition precedent to suit for partition by devisees, 141 A.L.R. 1311.    Right to partition in kind of mineral or oil and gas land, 143 A.L.R. 1092.    Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.   Necessity and sufficiency of pleading in partition action to authorize incidental relief, 11 A.L.R.2d 1449.   Timber rights as subject to partition, 21 A.L.R.2d 618.   Spouse of living co-owner of interest in property as necessary or proper party to partition action, 57 A.L.R.2d 1166.   Contractual provisions as affecting right to judicial partition, 37 A.L.R.3d 962.   Severance or termination of joint tenancy by conveyance of divided interest directly to self, 7 A.L.R.4th 1268.   Homestead right of cotenant as affecting partition, 83 A.L.R.6th 605.   May easement or right of way be appurtenant where servient tenement is not adjacent to dominant, 15 A.L.R.7th 1.
GA Code § 44-6-161 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 44-6-161. Who May Apply for Partition

 If the party desiring the writ of partition is of full age and free from disability, he or she may make the application either in person or by his or her agent or attorney in fact or at law. An application may be made for the benefit of a minor, a mentally ill or intellectually disabled person, or the beneficiary of a trust by the guardian of such minor, the guardian of such mentally ill or intellectually disabled person, or the trustee of such beneficiary, as the case may be.   (Orig. Code 1863, § 3897; Code 1868, § 3921; Code 1873, § 3997; Code 1882, § 3997; Civil Code 1895, § 4787; Civil Code 1910, § 5359; Code 1933, § 85-1505; Ga. L. 2015, p. 385, § 4-10/HB 252.)    The 2015 amendment,  effective July 1, 2015, in the first sentence, inserted "or she" and inserted "or her"; and substituted "intellectually disabled" for "retarded" twice in the second sentence.   Editor's notes.   - Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"   JUDICIAL DECISIONS   No provision for partition when infant has no guardian.    - Provision is made to have a partition for an infant when represented by a guardian, but there seems to be none if the infant has no guardian and is represented by the infant's next friend. Lowe v. Burke, 79 Ga. 164, 3 S.E. 449 (1887).    Cited in Perdue v. McKenzie, 194 Ga. 356, 21 S.E.2d 705 (1942); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, § 90 et seq.   C.J.S.   - 68 C.J.S., Partition, § 61 et seq.   ALR.    - Right of trustee holding legal title to maintain partition suit, 103 A.L.R. 455.    Right of cestui que trust (or one claiming through or under him) to maintain suit for partition, 126 A.L.R. 1009.    Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.
GA Code § 44-6-163 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|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.   (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.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, § 90 et seq.   C.J.S.   - 68 C.J.S., Partition, §§ 101, 103.   ALR.    - Probate of will as condition precedent to suit for partition by devisees, 141 A.L.R. 1311.    Partition: construction and application of provision for assignment, to one of co-owners, of real estate not readily divisible, 169 A.L.R. 862.
GA Code § 44-6-164 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 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 to aid them in the discharge of their duties. After giving all the parties, if possible, at least eight days' notice of the time of executing the writ and after being sworn to execute the writ duly and impartially before an officer authorized by law to administer such oath, the partitioners or a majority of them shall proceed to make a just and equal partition and division of all the lands and tenements, either in entire tracts or in parcels, as they shall judge, according to the best of their skill, ability, and knowledge, to be in proportion to the shares claimed and to be most beneficial to the several common owners of the lands and tenements. They shall return the writ, with their actings and doings thereon and under their hands and seals, to the superior court within three months after its issuance, which return shall be filed and kept by the clerk until the next term of the court.   (Laws 1767, Cobb's 1851 Digest, p. 582; Laws 1827, Cobb's 1851 Digest, p. 583; Code 1863, § 3900; Code 1868, § 3924; Code 1873, § 4000; Code 1882, § 4000; Civil Code 1895, § 4790; Civil Code 1910, § 5362; Code 1933, § 85-1508.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, §§ 58, 62, 63.   C.J.S.   - 68 C.J.S., Partition, § 126 et seq.   ALR.   - Judicial partition of land by lot or chance, 32 A.L.R.4th 909.
GA Code § 44-6-165 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 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 made or at the next term after the partitioners have made their return, any of the persons against whose right or title a judgment is sought may file objections to the right of the applicant and the writ of partition or to the return of the partitioners, as the case may be, and may, by way of defense, show any good and probable matter in bar of the partition asked for or show that the petitioner does not have title to as much as is allowed and awarded to him by the partitioners or to any part of the land; in such event, the issue shall be tried by a jury as in cases of appeals to the superior court.   (Laws 1767, Cobb's 1851 Digest, p. 582; Code 1863, § 3901; Code 1868, § 3925; Code 1873, § 4001; Code 1882, § 4001; Civil Code 1895, § 4791; Civil Code 1910, § 5363; Code 1933, § 85-1509.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, §§ 57 et seq., 114.   C.J.S.   - 68 C.J.S., Partition, § 259.
GA Code § 44-6-166 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 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 filed by any of the parties or if, being filed, the jury on the trial finds a verdict against the party setting up such objections, the return of the partitioners shall be made the judgment of the court and shall be final and conclusive as to all the parties concerned who were notified of the application for partition and of the time of executing the writ as required by Code Sections 44-6-162 and 44-6-164, and a writ of possession shall issue accordingly. If objections to the return are filed and are sustained by the jury trying the case or if it appears to the court that there is injustice or inequality in the division made by the partitioners, the court shall award a new partition to be made in the presence of the parties concerned if they will appear, which second partition, when returned, shall be firm, good, and conclusive forever against all parties notified as provided in Code Sections 44-6-162 and 44-6-164.   (Laws 1767, Cobb's 1851 Digest, pp. 582, 583; Code 1863, § 3902; Code 1868, § 3926; Code 1873, § 4002; Code 1882, § 4002; Civil Code 1895, § 4792; Civil Code 1910, § 5364; Code 1933, § 85-1510; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   C.J.S.   - 68 C.J.S., Partition, § 259.   ALR.    - Adjustment on partition of improvements made by tenant in common, 122 A.L.R. 234.    Judgment in partition as res judicata, 144 A.L.R. 9
GA Code § 44-6-168 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 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 in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made.   (Laws 1837, Cobb's 1851 Digest, p. 584; Code 1863, § 3904; Code 1868, § 3928; Code 1873, § 4004; Code 1882, § 4004; Ga. L. 1884-85, p. 54, § 1; Civil Code 1895, § 4794; Civil Code 1910, § 5366; Code 1933, § 85-1512.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, §§ 118 et seq., 148, 149, 173.   C.J.S.   - 68 C.J.S., Partition, §§ 277 et seq., 293, 303.   ALR.    - Allowance and apportionment of counsel fees in suit for partition, 73 A.L.R. 16; 94 A.L.R.2d 575.
GA Code § 44-6-169 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 44-6-169. Title to Property Sold; Execution of Deed of Conveyance by Commissioners

 Upon the sale of lands and tenements as provided for in Code Section 44-6-167, the parties in interest shall execute a title to the purchaser; and, if any of them shall fail or refuse to do so, the commissioners or any two of them shall execute a deed of conveyance to such lands and tenements to the purchaser at such sale, which deed shall be as valid and binding as if made by the parties themselves.   (Laws 1837, Cobb's 1851 Digest, p. 584; Code 1863, § 3905; Code 1868, § 3929; Code 1873, § 4005; Code 1882, § 4005; Civil Code 1895, § 4795; Civil Code 1910, § 5367; Code 1933, § 85-1513.)   Law reviews.   - 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).   JUDICIAL DECISIONS   Rights of cotenants protected by right to object to sale's confirmation.    - If for any reason property sold under this statute does not bring the property's fair market value, the rights of the cotenants are protected by the right to object to the confirmation of the sale. If the sale is unfair or inequitable to the parties, the court will refuse to confirm the sale and will order a resale. Lankford v. Milhollin, 200 Ga. 512, 37 S.E.2d 197 (1946) (see O.C.G.A. § 44-6-169).    Cited in Childs v. Hayman, 72 Ga. 791 (1884); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, § 130.   C.J.S.   - 68 C.J.S., Partition, §§ 14, 276.
GA Code § 44-6-170 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 44-6-170. Treatment of Extraordinary Cases; Denial of Sale or Partition

 In any extraordinary case not covered by Code Sections 44-6-160 through 44-6-169, the court may frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity; and the court may deny a sale or partition altogether if it is manifest that the interest of each party will not be fully protected.   (Orig. Code 1863, § 3906; Code 1868, § 3930; Code 1873, § 4006; Code 1882, § 4006; Civil Code 1895, § 4796; Civil Code 1910, § 5368; Code 1933, § 85-1514.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, §§ 64, 65.   C.J.S.   - 68 C.J.S., Partition, § 24.   ALR.    - Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105.    Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.    Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.
GA Code § 44-6-172 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory 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 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.   (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).   JUDICIAL DECISIONS    Statute relates only to owner of undivided interest in life estate in real property and not to the sole owner of a life estate. Williams v. Colleran, 230 Ga. 56, 195 S.E.2d 413 (1973) (see O.C.G.A. § 44-6-172).   Prior right to sell land unaffected by statute.    - If a life tenant had a right to sell the land upon petition prior to the enactment of this statute, it was not taken away by this statute. Williams v. Colleran, 230 Ga. 56, 195 S.E.2d 413 (1973) (see O.C.G.A. § 44-6-172).   Life tenant may not acquire portion in fee.    - Although a life tenant, in the proper circumstances, may seek partition, it may not be accomplished by the life tenant acquiring a portion of the land in fee simple. McGhee v. Brown, 244 Ga. 478, 260 S.E.2d 873 (1979).    Cited in Sanders v. Darnell, 238 Ga. 362, 233 S.E.2d 180 (1977); Billings v. Billings, 242 Ga. 632, 250 S.E.2d 480 (1978).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, § 32.   C.J.S.   - 68 C.J.S., Partition, § 74.   ALR.    - Right to, and effect of, partition of undivided interests held respectively in fee and in life estate, with remainder, 12 A.L.R. 644; 134 A.L.R. 661.    Right to partition of different tracts of land in same proceeding, 65 A.L.R. 893.   Contractual provisions as affecting right to judicial partition, 37 A.L.R.3d 962.
GA Code § 44-6-173 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 44-6-173. Partition of Realty by Life Tenants - Appointment of Guardians Ad Litem; Service of Notice of Application; Time for Answer

  Under the partition proceeding provided in Code Section 44-6-172, the court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners on such terms as may be ordered by the court. When interested minors are not represented by a guardian, the court shall also appoint a guardian ad litem to act for and represent such minors.   The guardian ad litem shall be served with a notice of the application for partition. After the application has been filed in the superior court, all other parties shall also be served with notice of the application for partition. The guardian ad litem and all other parties who have been served with the notice shall answer and plead to the application for partition within 20 days after the service of the notice; provided, however, that the court may authorize the guardian ad litem to acknowledge service and waive the 20 days' notice.    (Ga. L. 1961, p. 228, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partition, § 98.   C.J.S.   - 68 C.J.S., Partition, §§ 74, 165.   ALR.    - Right to partition as against infants, 96 A.L.R. 1278.
GA Code § 44-6-174 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 2 - Statutory Partition|§ 44-6-174. Partition of Realty by Life Tenants - Cumulative Effect

 The right of partition provided by Code Sections 44-6-172 and 44-6-173 shall be cumulative to existing laws.   (Ga. L. 1961, p. 228, § 3.)