ARTICLE 7
TENANCY IN COMMON
44-6-173. Partition of realty by life tenants - Appointment of guardians ad litem; service of notice of application; time for answer.
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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 unborn remaindermen or reversioners on such terms as may be ordered by the court. When interested minors are not represented by a guardian, the court shall also appoint a guardian ad litem to act for and represent such minors.
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The guardian ad litem shall be served with a notice of the application for partition. After the application has been filed in the superior court, all other parties shall also be served with notice of the application for partition. The guardian ad litem and all other parties who have been served with the notice shall answer and plead to the application for partition within 20 days after the service of the notice; provided, however, that the court may authorize the guardian ad litem to acknowledge service and waive the 20 days' notice.
(Ga. L. 1961, p. 228, § 2.)
JUDICIAL DECISIONS
Statute relates only to owner of undivided interest in life estate
in real property and not to the sole owner of a life estate. Williams v. Colleran, 230 Ga. 56, 195 S.E.2d 413 (1973) (see O.C.G.A.
§
44-6-173).
RESEARCH REFERENCES
Am. Jur. 2d.
- 59A Am. Jur. 2d, Partition,
§
98.
C.J.S.
- 68 C.J.S., Partition,
§§
74, 165.
ALR.
- Right to partition as against infants, 96 A.L.R. 1278.
