Title 44 — Title 44

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, § 85-15…

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 …

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. …

The party applying for the writ of partition shall give the other parties concerned at least 20 days’ notice of his intention to make the application. If any of the other parties is a minor, a mentally ill or retarded person, or a beneficiary of a trust, the 20 days’ notice shall…

Return of petitioners, §44-6-166. Setting aside judgment. Parties under disability, absent or not notified, §44-6-171. Jurisdiction. Superior courts, §44-6-160. Jury trial. Objections and defenses to right of applicant, writ or return, §44-6-165. Setting aside judgment by parties …

Objections to, §44-6-165. Petitioners. Return. Judgment of court, §44-6-166. Petitions, §44-6-160. Who may apply for petition, §44-6-161. Physical division of property inequitable, §44-6-166.1. PARTITION —Cont’d Statutory partition —Cont’d Pleadings. Partition of realty by life t…

Physical division inequitable, §44-6-166.1. PARTITION —Cont’d Statutory partition —Cont’d Denial of sale or partition. Interest of sale or partition. Interest of parties not fully protected, §44-6-170. Extraordinary cases. Treatment of, §44-6-170. Fair and equitable division of p…

Condominiums. Failure to exercise rights or restraints, §44-3-110. Waiver statement, §44-3-110.

(a) As used in this Code section, the term: (1) ‘‘Party in interest’’ means any person, other than a petitioner, having an interest in property. (2) ‘‘Petitioner’’ means any person petitioning for partition of property. (3) ‘‘Property’’ means lands and tenements sought to be part…

In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such regulations…

Execution, §44-6-169. Distribution of proceeds, §44-6-168. Notice, §44-6-167. Order to sell land, §44-6-167. Place, §44-6-167. Procedure, §44-6-167. Title to property sold, §44-6-169. When sale ordered, §44-6-167. Personal property. Foreclosure of security interest on personal pr…

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 t…

Cumulative effect to existing law, §44-6-174. Effect on other parties, §44-6-172.

Return of partitioners as judgment of court. Conclusiveness as to notified parties, §44-6-166. Sale when physical division of property inequitable, §§44-6-166.1 to 44-6-169. Second partition. Conclusiveness when ordered, §44-6-166. Service of notice of application by life tenant, …

Foreclosures arising out of commercial transactions. Writ of possession generally, §§44-14-260 to 44-14-269. WRONGFUL DEATH. Exemptions from levy and sale. Statutory exemptions. Payment on account of wrongful death of individual of whom debtor dependent, §44-13-100. X X-COORDINAT…

Heirs property, uniform partition, §44-6-180. DEFINED TERMS —Cont’d Party in interest. Partition when physical division of property inequitable, §44-6-166.1. Pawnbroker, §44-12-130. Pawn transaction, §44-12-130. Payable. Disposition of unclaimed property act, §44-12-192. Permanen…

Notice of application, §44-6-173. Notice of intention to apply for writ, §44-6-162. Personal property.

Report of broker to court, §44-6-188. Sale, partition by, §44-6-185. 1091 INDEX PARTITION —Cont’d Heirs property, uniform partition —Cont’d Service by publication. Posting of sign in right-of-way adjacent to property, §44-6-182. Valuation of property, methods, §44-6-184. Personal…

Statutory partition, §§44-6-160 to 44-6-174. Absent parties from state.

Definitions, §44-6-180. Determination by court if property is heirs property, §44-6-181. Hearing to determine fair market value, §44-6-184. In kind partition, §44-6-186. Interpretation and construction of statutory provisions. Relation to Electronic Signatures in Global and Nation…

Developer managed association. Itemized report of expenses, §44-3-250. Subdivisions.

Bona fide purchasers. Protection against, §44-2-4. 1185 INDEX UNRECORDED CONVEYANCES —Cont’d Bona fide purchasers —Cont’d Void as against, §44-2-3. Deeds. Notice, §44-2-1. Land registration. Certificates of title, §44-2-167. USUFRUCTS. Landlord and tenant generally, §§44-7-1 to 44-7…

Remainders and reversions, §§44-6-60 to 44-6-68. Tenancy in common. Generally, §§44-6-120 to 44-6-123. Partition. Equitable partition, §§44-6-140 to 44-6-142. Statutory partition, §§44-6-160 to 44-6-174. Uniform statutory rule against perpetuities, §§44-6-200 to 44-6-206. PROPERT…

Estates for years, §§44-6-100 to 44-6-106. Estates granted upon conditions, §§44-6-40 to 44-6-44. Estates tail. Abolished and prohibited, §44-6-24. Effect of limitations creating estate tail by implication, §44-6-24. Fee simple estates. General provisions, §§44-6-20 to 44-6-25. G…

Mortgages, conveyances to secure debt and liens, §44-14-3. Activity and use limitations. Environmental covenants, §44-16-2. Additional property. Georgia condominium act, §44-3-71. Adult. Anatomical gifts, §44-5-141. Georgia transfers to minors act, §44-5-111. DEFINED TERMS —Cont’…

This article shall be known and may be cited as the ‘‘Uniform Statutory Rule Against Perpetuities.’’ (Code 1981, § 44-6-200, enacted by Ga. L. 1990, p. 1837, § 2.)

(a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain either to vest or to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or (2) The interest either vests or terminate…

Code Section 44-6-201 shall not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (A) A premarital or postmarital agreement; (B) A separation …

Validity of nonvested property interest or power of appointment.

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. (Code 1981, § 44-6-206, enacted by Ga. L. 1990, p. 1837, § 2.) 758 T.44, C.7 T.44, C.7 LANDLORD AND TENANT C…

Defined, §44-6-20. Dying without heirs, dying without issue, dying without leaving heirs or issue or on failure of issue. Construction and effect of limitations over after death of first taker, §44-6-25. Estates tail.

Abolished and prohibited, §44-6-24. Effect of limitations creating estate tail by implication, §44-6-24. Fee limited upon fee, §44-6-22. Future estates. Creation of estate to commence in, §44-6-22. Heirs or equivalent not necessary to create, §44-6-21. Intention of maker of instr…

An estate may be granted upon either express or implied conditions. The estate shall commence, be enlarged, or be defeated upon the performance or breach of the conditions. (Orig. Code 1863, § 2275; Code 1868, § 2268; Code 1873, § 2294; Code 1882, § 2294; Civil Code 1895, § 3136;…

Constitutional exemptions. Effect of article on other exemptions, §44-13-21. Fee simple estates.

Upon the breach of a condition subsequent, which breach works a forfeiture of the estate, the person to whom the estate is limited may enter immediately. (Orig. Code 1863, § 2280; Code 1868, § 2273; Code 1873, § 2299; Code 1882, § 2299; Civil Code 1895, § 3141; Civil Code 1910, §…

Conditions which are repugnant to the estate granted, which require impossible or illegal acts to be performed, or which in themselves are contrary to the policy of the law are void. (Orig. Code 1863, § 2277; Code 1868, § 2270; Code 1873, § 2296; Code 1882, § 2296; Civil Code 189…

Conditions precedent and subsequent distinguished; preferred construction and remedy. Right of entry after breach of condition subsequent. Certain conditions void. Effect of legal disabilities on conditions; notice of condition. Nature of estates in remainder and in reversion; ri…

(a) An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future. (b) An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the termination of a particular estate …

Remainders are either vested or contingent. A vested remainder is a remainder which is limited to a certain person at a certain time or which is dependent upon the happening of a necessary event. A contingent remainder is a remainder which is limited to an uncertain person or whi…

Since no particular estate is necessary to sustain a remainder, the defeat of the particular estate for any cause does not destroy the remainder. (Orig. Code 1863, § 2246; Code 1868, § 2238; Code 1873, § 2264; Code 1882, § 2264; Civil Code 1895, § 3099; Civil Code 1910, § 3675; C…

Reserved. Repealed by Ga. L. 1994, p. 364, § 2, effective March 25, 1994. Editor’s notes. — This Code section was based on Orig. Code 1863, § 2248; Code 1868, § 2240; Code 1873, § 2266; Code 1882, § 2266; Civil Code 1895, § 3101; Civil Code 1910, § 3677; Code 1933, § 85-704. 44-6…

Remainder not destroyed, §44-6-62. Destruction of remainder. Defeat of estate not to destroy remainder, §44-6-62. Distinction between vested and contingent remainders, §44-6-61. Estates for years. Duty of tenant not to injure interest, §44-6-103. General provisions, §§44-6-100 to…

Possession at termination, §44-6-67. Vested remainders. Distinguished from contingent remainders, §44-6-61. 1136 INDEX REMAINDERS AND REVERSIONS —Cont’d Vested remainders —Cont’d Preference for, §44-6-66. Subject to open. Creation of remainder for persons not in being, §44-6-65. …

Waste. Duty of life tenant not to commit acts permanently injuring remainder or reversion interest, §44-6-83. Duty of life tenant to preserve and protect estate, §44-6-83. Widowhood. Estates during widowhood deemed life estates, §44-6-80. LIFE ESTATES —Cont’d Wills. Creation of l…

Effect of executor’s assent to on remainderman, §44-6-67. Partition of realty by life tenants, §§44-6-172 to 44-6-174. Possession at termination of life estate, §44-6-67. Removal of personalty beyond state by life tenant. Forfeiture or writ of ne exeat to restrain, §44-6-89. Sale…

Estates which may extend during the life of a person but which must terminate at his death are deemed life estates during their existence. Estates during widowhood are life estates. (Orig. Code 1863, § 2234; Code 1868, § 2228; Code 1873, § 2254; Code 1882, § 2254; Civil Code 1895…

An estate for life may be either for the life of the tenant or for the life of some other person or persons. (Orig. Code 1863, § 2232; Code 1868, § 2226; Code 1873, § 2252; Code 1882, § 2252; Civil Code 1895, § 3087; Civil Code 1910, § 3663; Code 1933, § 85-601.)

(a) An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law. (b) A life estate cannot be created in property which will be destroyed on being used. (Orig. Code 1863, § 2233; Code 1868, § 2227; Code 1873, § 2253; Code 1882, § …

Attachment to corpus to go to remainderman, §44-6-84. General provisions, §§44-6-80 to 44-6-90. REMAINDERS AND REVERSIONS —Cont’d Life estates —Cont’d Legacy to life tenant. Effect of executor’s assent to on remainderman, §44-6-67. Partition of realty by life tenants. Conditions,…

Judges of superior courts as to life estates, §44-6-90. Leases. Rights of lessee upon termination of life estate, §44-6-86. Length of life estate, §44-6-81. Life of some other person or persons. Length of life estate, §44-6-81. Life of tenant. Length of life estate, §44-6-81. LIF…