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O.C.G.A. § 44-6-180 — Definitions | Georgia Code
O.C.G.A. § 44-6-180 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

Section 6. Estates, 44-6-1 through 44-6-206.

ARTICLE 7 TENANCY IN COMMON

44-6-180. Definitions.

As used in this subpart, the term:

  1. "Ascendant" means an individual who precedes another individual in lineage in a direct line of ascent from the other individual.
  2. "Broker" means any individual or entity issued a broker's real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. Such term shall include the broker's affiliated licensees.
  3. "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
  4. "Descendant" means an individual who follows another individual in lineage in a direct line of descent from the other individual.
  5. "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements on the date of the filing of a partition action:
    1. There is no agreement in a record binding all the cotenants which governs the partition of the property;
    2. One or more of the cotenants acquired title from a relative, whether living or deceased; and
    3. Any of the following applies:
      1. Twenty percent or more of the interests are held by cotenants who are relatives;
      2. Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
      3. Twenty percent or more of the cotenants are relatives.
  6. "Partition by sale" means a court ordered sale of the entire heirs property, whether by public sale, sealed bids, or open-market sale conducted under Code Section 44-6-187.
  7. "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.
  8. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
  9. "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this subpart.

(Code 1981, §44-6-180, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)

Law reviews.

- For article, "A Primer on Heirs Property and Georgia's New Uniform Partition of Heirs Property Act: Protecting Owners of Heirs Property," see 19 G. St. B.J. 16 (Oct. 2013).

JUDICIAL DECISIONS

Mandatory procedure must be followed.

- Denial of the appellant's motion for a new trial was reversed because in light of the mandatory language in the Uniform Partition of Heirs Property Act (UPHPA), specifically O.C.G.A. § 44-6-181(b), the trial court erred in not making an initial determination, prior to ordering the parties to mediation, whether the property was heirs property and, if so, it was required to partition the property pursuant to the UPHPA unless all of the cotenants, not just all of the non-defaulting cotenants, otherwise agreed. Faison v. Faison, 344 Ga. App. 600, 811 S.E.2d 431 (2018).

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