The goal of a partition action is to take a jointly owned property and separate the legal interest of the coowners into individual interests. Most real estate attorneys have been exposed to a legal description such as "Lot 5 in block 4 of Pleasant Hills Plat.OCGA § 44-6-160 has long been construed to apply only to tenants in common, not to joint-tenants with a right of survivorship. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. Petition rules vary from state to state. Only couples that have certain language in the deed to the jointly owned property are able to file a partition action. A partition and exchange agreement is a legal contract between divorcing couples that outlines the terms of their property division and distribution. In Georgia, you may file for separate maintenance if you have a valid marriage and you are living in a bona fide state of separation. To remove data in the partition without dropping the partition, use the TRUNCATE PARTITION statement. In Georgia, if a settlement agreement is not filed in court, it is considered a private contract.
