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2018 Georgia Code 44-6-181 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-6-181 Case Law from Google Scholar Amendments to OCGA 44-6-181

TITLE 44 PROPERTY

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

ARTICLE 7 TENANCY IN COMMON

44-6-181. Application; determination of heirs property.

  1. This subpart shall apply to partition actions filed on or after January 1, 2013.
  2. In an action to partition real property under Subpart 1 or 2 of this part, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned pursuant to this subpart unless all of the cotenants otherwise agree in a record.

(Code 1981, §44-6-181, enacted by Ga. L. 2012, p. 97, § 2/HB 744; Ga. L. 2013, p. 141, § 44/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in the first sentence of subsection (b).

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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