Adam Leitman Bailey and John Desiderio discuss the rules regarding how parties may partition their common ownership property rights. Defendant contends that in the event the Court finds partition appropriate then the property can and should be physically partitioned.Individuals who want to divide land must first fill out the proper application and submit it to a Fulton County Regional Planning Commission staff member. If a landowner dies intestate, real estate passes to the landowner's heirs as tenantsincommon under state law. Article Four Zone Districts (Amended May 2011). After you file a partition case, you must serve the partition complaint on all the defendants to notify them of the case.