Georgia Agreement to Partition Real Property According to Award of Surveyor

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Multi-State
Control #:
US-1192BG
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Word; 
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Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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FAQ

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.?

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.

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.

In a partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded.

Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property. This article focuses on the Partition of real property.

For example, if a brother and sister jointly own inherited property from their parents, they might agree to a partition by appraisal. In that instance, they agree in advance that one of them would buy the other's interest at whatever the appraised price is determined to be.

Under F.S. 64.081, each party is bound to pay a share of the costs by the court judgment.

A partition agreement may be an express statement that the right to partition is waived. It may also be evidenced by a right of first refusal where one co-tenant is required to offer the property for sale to another co-tenant as a condition precedent to an action for partition.

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Georgia Agreement to Partition Real Property According to Award of Surveyor