---
title: O.C.G.A. § 44-6-121. Rights and liabilities of cotenants; accounting.
collection: code
id: 44-6-121
cite_as: O.C.G.A. § 44-6-121 (2025)
canonical_url: https://georgiacommons.org/code/44-6-121
md_url: https://georgiacommons.org/code/44-6-121.md
text_url: https://georgiacommons.org/code/44-6-121/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=699
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ESTATES / TENANCY IN COMMON / In General
---

# O.C.G.A. § 44-6-121. Rights and liabilities of cotenants; accounting.

(a) Every tenant in common shall have the right to possess the joint property. As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and does not withdraw from the joint property any of its essential value, such as mineral deposits, he shall not be liable to account for rent to his cotenant.

(b) A tenant in common shall be liable to account to his cotenant if he:

(1) Receives any rent or other profit from the joint property;

(2) Commits any waste;

(3) Deprives his cotenant of the use of his fair proportion of the joint property;

(4) Appropriates the joint property to his exclusive use; or

(5) Uses the joint property in a manner which must necessarily be exclusive.

## History

Orig. Code 1863, § 2283; Code 1868, § 2276; Code 1873, § 2302; Code 1882, § 2302; Civil Code 1895, § 3144; Civil Code 1910, § 3724; Code 1933, § 85-1003.