In all cases where an undivided interest in real estate has been or may be granted or devised to a person for his lifetime with remainder or reversion to others, such life tenant may compel a partition pursuant to the partition laws of this state which may, upon a proper judgment of the superior court based upon an application therefor, bind all parties interested whether in possession, reversion, or remainder and whether or not those entitled to take are in being, provided the property is capable of fair and equitable partition and such fact is adjudicated by the court in such proceeding. No sale of the property may be made or had under such application for partition, and the terms of the grant or devise shall otherwise remain in full force and effect.
(Ga. L. 1959, p. 189, § 1; Ga. L. 1961, p. 228, § 1.)
Law reviews.- For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979).
JUDICIAL DECISIONS
Statute relates only to owner of undivided interest in life estate in real property and not to the sole owner of a life estate. Williams v. Colleran, 230 Ga. 56, 195 S.E.2d 413 (1973) (see O.C.G.A. § 44-6-172).
Prior right to sell land unaffected by statute.
- If a life tenant had a right to sell the land upon petition prior to the enactment of this statute, it was not taken away by this statute. Williams v. Colleran, 230 Ga. 56, 195 S.E.2d 413 (1973) (see O.C.G.A. § 44-6-172).
Life tenant may not acquire portion in fee.
- Although a life tenant, in the proper circumstances, may seek partition, it may not be accomplished by the life tenant acquiring a portion of the land in fee simple. McGhee v. Brown, 244 Ga. 478, 260 S.E.2d 873 (1979).
Cited in Sanders v. Darnell, 238 Ga. 362, 233 S.E.2d 180 (1977); Billings v. Billings, 242 Ga. 632, 250 S.E.2d 480 (1978).