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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 7. TENANCY IN COMMON · Part 1. In General

44-6-120. ‘‘Tenancy in common’’ defined; presumption of equality of shares; effect of inequality of shares on right of possession.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Unless otherwise specifically provided by statute and unless the document or instrument provides otherwise, a tenancy in common is created wherever from any cause two or more persons are entitled to the simultaneous possession of any property. Tenants in common may have unequal shares, but they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges as to possession which are superior to those of the person owning a lesser interest so long as the tenancy continues.

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2282; Code 1868, § 2275; Code 1873, § 2301; Code 1882, § 2301; Civil Code 1895, § 3143; Civil Code 1910, § 3723; Code 1933, § 85-1001; Ga. L. 1976, p. 1388, § 9; Ga. L. 1976, p. 1438, § 1; Ga. L. 1980, p. 753, § 1.

Cross references

Creation of tenancy in common upon termination of condominium, § 44-3-98.

Law reviews

For article discussing joint ownership of assets and severance of such ownership, see 14 Ga. St. B.J. 14 (1977). For annual survey article on real property law, see 52 Mercer L. Rev. 383 (2000). For comment on Eppes v. Locklin, 222 Ga. 86, 149 S.E.2d 148 (1966), appearing below, see 1 Ga. L. Rev. 331 (1967).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 697; merge action: annotated; file SHA-256 490191d3dc54.