- § 44-6-160 - Grounds for Partition; Jurisdiction; Contents of Petition
When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by...
- § 44-6-161 - Who May Apply for Partition
If the party desiring the writ of partition is of full age and free from disability, he or she may make the application either...
- § 44-6-162 - Notice of Intention to Apply for Writ of Partition
The party applying for the writ of partition shall give the other parties concerned at least 20 days' notice of his or her intention...
- § 44-6-163 - Issuance of Writ of Partition; Appointment of Partitioners
When the application for partition is made and when due proof is made that the notice required by Code Section 44-6-162 has been given,...
- § 44-6-164 - Appointment of Surveyor; Notice of Time of Execution of Writ; Oath of Partitioners; Principles Governing Partition; Partitioner's Return
The partitioners shall have the power to select a surveyor to aid them in the discharge of their duties. After giving all the parties,...
- § 44-6-165 - Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial
At the term of the court when the application is made or at the next term after the partitioners have made their return, any...
- § 44-6-166 - Return of Partitioners As Judgment of Court; Conclusiveness; When Second Partition Ordered; Effect
If no objection to the return of the partitioners is filed by any of the parties or if, being filed, the jury on the...
- § 44-6-166.1 - Partition When Physical Division of Property is Inequitable
(a) As used in this Code section, the term: (1) "Party in interest" means any person, other than a petitioner, having an interest in...
- § 44-6-167 - When Sale of Lands Ordered; Procedure; Place of Sale; Notice
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...
- § 44-6-168 - Commissioners' Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt
After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to...
- § 44-6-169 - Title to Property Sold; Execution of Deed of Conveyance by Commissioners
Upon the sale of lands and tenements as provided for in Code Section 44-6-167, the parties in interest shall execute a title to the...
- § 44-6-170 - Treatment of Extraordinary Cases; Denial of Sale or Partition
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...
- § 44-6-171 - Setting Aside Judgment by Parties Under Disability, Absent, or Not Notified; Time Limitations; Conclusiveness of Judgment; Effect of Proceedings on Bona Fide Purchaser
When proceedings have been instituted and judgment of the partition has been rendered according to the regulations prescribed in this part and if any...
- § 44-6-172 - Partition of Realty by Life Tenants -- Effect on Other Parties; Conditions
In all cases where an undivided interest in real estate has been or may be granted or devised to a person for his lifetime...
- § 44-6-173 - Partition of Realty by Life Tenants -- Appointment of Guardians Ad Litem; Service of Notice of Application; Time for Answer
(a) Under the partition proceeding provided in Code Section 44-6-172, the court shall appoint a guardian ad litem to act for and represent all...
- § 44-6-174 - Partition of Realty by Life Tenants -- Cumulative Effect
The right of partition provided by Code Sections 44-6-172 and 44-6-173 shall be cumulative to existing laws.
Last modified: October 14, 2016