Can I negotiate with my siblings to avoid a partition action in Georgia on inherited property?
Detailed Answer When siblings inherit property in Georgia as co-owners, each holds an undivided interest and may force a court-ordered partition under Georgia Code § 44-6-160. See O.C.G.A. § 44-6-160. A partition action can divide the land or order its sale under O.C.G.A. § 44-6-210. See O.C.G.A. § 44-6-210. Court intervention may involve costs, delays, […]
Read article →How Can a Co-Owner Seek Reimbursement for Improvements Made to Estate Real Property under GA Law?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer In Georgia, co-owners (co-tenants or tenants in common) who invest in improvements to estate real property have two primary paths to seek reimbursement: a partition action with a contribution claim or an equitable lien based on unjust enrichment. 1. […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in Georgia
Disclaimer: This article provides general legal information under Georgia law and is not legal advice. Detailed Answer 1. Understand Ownership Rights In Georgia, co-owners hold property either as tenants in common or joint tenants. Each owner has equal right to possession, but sale decisions require unanimous consent. Review your deed to confirm ownership type and […]
Read article →How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in Georgia
Detailed Answer When two or more people co-own real estate in Georgia—often as tenants in common—they must agree on key steps to sell the property. Coordinating realtor selection helps avoid delays, disputes, and extra costs. 1. Understand Co-Ownership Rights Under Georgia law, co-owners share equal rights to market and sell the property. Neither party can […]
Read article →How to calculate and recover carrying costs from a co-owner in a joint sale agreement in Georgia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Georgia attorney for guidance specific to your situation. Understanding Carrying Costs in Joint Sale Agreements When two or more people own real estate together, they each share the burden of ongoing expenses—or “carrying costs.” These costs typically include […]
Read article →What rights do co-owners have in Georgia when one heir wants to live in an inherited property while another wants to sell?
Understanding Co-Owner Rights When Heirs Disagree in Georgia Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When two or more heirs inherit property in Georgia, they typically hold it as tenants in common. Each heir owns […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in GA
Detailed Answer Under Georgia law, the Department of Community Health (DCH) must seek recovery of Medicaid benefits paid on behalf of a recipient aged 55 or older from that individual’s estate after death (O.C.G.A. §49-4-143). Estate recovery can include inherited real property. However, Georgia allows you to request a hardship waiver to protect inherited assets […]
Read article →What steps are required to initiate or consent to a partition action before a court-appointed commissioner in Georgia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Georgia for guidance specific to your situation. Detailed Answer Under Georgia law, a partition action divides or sells jointly owned real property when co–owners cannot agree on its use. The court may appoint a commissioner to […]
Read article →What options exist if co-owners in Georgia cannot agree on a buyout price, including court-ordered partition or sale?
Detailed Answer When co-owners of real property in Georgia cannot agree on a fair buyout price, state law provides structured remedies. You can attempt voluntary methods first. If those fail, you can file a partition action in court to force either a division of the property or its sale. Below are the main options under […]
Read article →Do I Get Any Ownership Interest in the Real Property If I Am Paying the Mortgage in Georgia?
Detailed Answer Under Georgia law, simply making mortgage payments does not give you legal title to the property. Georgia courts require a valid deed to transfer ownership. Mortgage payments alone amount to satisfying debt secured by the home, not acquiring an ownership interest. How Georgia Deeds Convey Title O.C.G.A. § 44-2-3 mandates that any transfer […]
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