O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-6-180 (2019)

Definitions.

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this subpart, the term: "Ascendant" means an individual who precedes another individual in lineage in a direct line of ascent from the other individual. "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. "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. "Descendant" means an individual who follows another individual in lineage in a direct line of descent from the other individual. "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: There is no agreement in a record binding all the cotenants which governs the partition of the property; One or more of the cotenants acquired title from a relative, whether living or deceased; and Any of the following applies: Twenty percent or more of the interests are held by cotenants who are relatives; Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or Twenty percent or more of the cotenants are relatives. "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 . "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels. "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. "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.

History

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

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2018–2025 · leading case: Faison v. Faison, 811 S.E.2d 431 (Ga. Ct. App. 2018).
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Faison v. Faison, 811 S.E.2d 431 (Ga. Ct. App. 2018). · cites it 4× “") Although the notice of appeal stated that transcripts would be filed, the record on appeal does not include any transcripts.”
Daryl Faison v. Lora Lynn Faison (Ga. Ct. App. 2018). · cites it 4× “The court concluded: “There was no such determination made regarding whether the property 3 See OCGA § 44-6-180 et seq. 4 It is suggested on the record that Bertine Faison died on the same day that the trial court signed the motion to set aside judgment, before the notice of…”
Sylvia Cox Shy v. Roosevelt Morris (Ga. Ct. App. 2018). · cites it 2× “Morris (“the plaintiffs”) petitioned to partition real property pursuant to OCGA § 44-6-180 et seq. The trial court dismissed the petition for failure to join an indispensable party.”
MacHelle P. Morton v. Kevin Joiner Pitts (Ga. Ct. App. 2020). · cites it 2× “]” OCGA § 44-6-180 (5). Property determined to be “heirs property .”
Paula Whatley Matabane v. Lynn Whatley (Ga. Ct. App. 2022). · cites it 2× “The trial court dismissed Matabane’s petition for a partition in kind, and on appeal, she argues that the court erred by failing to follow the mandatory procedures set forth in Georgia’s Uniform Partition of Heirs Property Act (the “UPHPA”), OCGA § 44-6-180 et seq. For the…”
Armisha Mays v. Allen & Nolan Boyd, LLC (Ga. Ct. App. 2025). · cites it 2× “In July 2023, Allen & Nolan Boyd, LLC filed a complaint to partition certain real property among the putative heirs to the estate of the deceased owner of the property (the “appellants”), pursuant to OCGA § 44-6-180 et seq. After a protracted dispute about the valuation of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.