Georgia Agreement to Partition Real Property among Surviving Spouse and Children of Decedent
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FAQ
If you die with: A spouse but no children, your spouse will inherit your entire estate. Children but no spouse, your children will split everything equally.
Probate is a court-supervised legal process that may be required after someone dies. Probate gives someone, usually the surviving spouse or other close family member, authority to gather the deceased person's assets, pay debts and taxes, and eventually transfer assets to the people who inherit them.
Under this system, heirs share ownership of the property as tenants in common. This form of ownership poses several obstacles to realizing the land's full potential and, in certain circumstances, courts will partition the property in forced sales or will physically divide the property among the heirs.
Partition Actions When two or more people jointly own a piece of property, and they disagree about how to divide that property, those parties can initiate a partition action. Under Georgia law, a partition is when the court steps into the disagreement and has the land divided by court order.
Heirs property refers to a home or land that passes from generation to generation without a legally designated owner resulting in ownership divided among all living descendants in a family.
The Uniform Partition of Heirs Property Act The purpose of the Act is to protect heirs from unscrupulous speculators who acquire a small partial interest in real property owned by a group of heirs and then force the sale of the property at a below-market price.
It is designed to preserve family wealth passed to the next generation in the form of real proeprty. In Georgia, the Act is codified at O.C.G.A. § 44-6-180 through § 44-6-189.1. Initially, when a partition action is filed, the Act requires the Court to determine whether the property is ?heirs proeprty.? O.C.G.A.
The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property. If a landowner dies intestate, the real estate passes to the landowner's heirs as tenants-in-common under state law.