Partition Explained In Georgia
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In Georgia, when an unmarried couple who own property together breaks up, the division of property is not automatically determined by law. Instead, the couple will need to come to an agreement on how to divide their assets and debts.
As the name implies, an heirs partition applies exclusively to the partition of real property that is jointly owned by the heirs of that property. In such cases, Georgia law requires that heirs partitions adhere to the heir-specific protections created by the Uniform Partition of Heirs Property Act.
A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
Costs and Challenges of Partition Actions The process is also time-consuming, with most partition cases taking one to two years to resolve due to delays caused by discovery, court schedules, and valuation disputes. Emotionally, partition actions often strain relationships, particularly among family members.
Any co-owner may apply for partition writ. - Statute relating to partition of realty expressly provides that, in all cases where two or more persons are common owners of land by descent, any one of such owners may apply for a writ of partition. Evans v. Little, 246 Ga. 219, 271 S.E.2d 138 (1980) (see O.C.G.A.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
As long as you and your ex can agree on how to divide up your assets, there is no need to involve lawyers or the court system. Even if children are involved, in most states you have the opportunity to separate in private, ing to whatever arrangements the two of you agree on.