Georgia Partition Warranty Deed
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How to fill out Partition Warranty Deed?
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FAQ
Partitioning is a division in real or personal property between co-owners. This typically occurs when property is inherited or passed down to heirs. There are two types of partitioning: Partition in Kind and Partition by Sale.
Put simply, a co-owner who brings a lawsuit for partition in California is seeking to fairly and equitably divide a piece of real property among all its co-owners with the help of the court.
The minority owner CAN force a sale against the will of the majority owners. The law allows any co-owner to facture the joint ownership via a partition action. Yes! In most cases, ANY co-owner (even a minority owner) can force a sale of the property regardless of whether the other owners want to sell or not.
It is designed to preserve family wealth passed to the next generation in the form of real proeprty. In Georgia, the Act is codified at O.C.G.A. § 44-6-180 through § 44-6-189.1. Initially, when a partition action is filed, the Act requires the Court to determine whether the property is ?heirs proeprty.? O.C.G.A.
Partition Actions When two or more people jointly own a piece of property, and they disagree about how to divide that property, those parties can initiate a partition action. Under Georgia law, a partition is when the court steps into the disagreement and has the land divided by court order.
A complaint for partition by sale can be granted whereby a court orders sale of a jointly owned property and all owners receive their corresponding shares. Physical division, or partition in kind, occurs when a property is divided so that each owner receives undivided interest in his or her own share of the land.
Equitable partition is only used when ?the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just.? Georgia courts construe the statutes and laws pertaining to partition strictly and will likely deny a request for an equitable partition if a statutory partition is ...
If statutory partition is available to the parties, then they will not be allowed to use equitable partition. Equitable partition is available only when the parties have no remedy at law (i.e., statutory partition won't work) or if peculiar circumstances render equitable partition more ?suitable and just.?