---
title: O.C.G.A. § 44-6-173. Partition of realty by life tenants — Appointment of guardians ad litem; service of notice of application; time for answer.
collection: code
id: 44-6-173
cite_as: O.C.G.A. § 44-6-173 (2025)
canonical_url: https://georgiacommons.org/code/44-6-173
md_url: https://georgiacommons.org/code/44-6-173.md
text_url: https://georgiacommons.org/code/44-6-173/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=740
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.
up: https://georgiacommons.org/code/44-6.md
previous: https://georgiacommons.org/code/44-6-172.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ESTATES / TENANCY IN COMMON / Partition / Statutory Partition
---

# O.C.G.A. § 44-6-173. Partition of realty by life tenants — Appointment of guardians ad litem; service of notice of application; time for answer.

(a) Under the partition proceeding provided in Code Section 44-6-172, the court shall appoint a guardian ad litem to act for and represent all unborn remaindermen or reversioners on such terms as may be ordered by the court. When interested minors are not represented by a guardian, the court shall also appoint a guardian ad litem to act for and represent such minors.

(b) The guardian ad litem shall be served with a notice of the application for partition. After the application has been filed in the superior court, all other parties shall also be served with notice of the application for partition. The guardian ad litem and all other parties who have been served with the notice shall answer and plead to the application for partition within 20 days after the service of the notice; provided, however, that the court may authorize the guardian ad litem to acknowledge service and waive the 20 days’ notice.

## History

Ga. L. 1961, p. 228, § 2.