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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 7. TENANCY IN COMMON · Part 2. PARTITION

44-6-184. Appraisal of heirs property; other method to determine value; notice of value; required hearing.

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

  1. (a)

    Except as otherwise provided in subsections (b) and (c) of this Code section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this Code section.#

  2. (b)

    If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.#

  3. (c)

    If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.#

  4. (d)

    If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. Upon completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.#

  5. (e)

    If an appraisal is conducted pursuant to subsection (d) of this Code section, not later than ten days after the appraisal is filed, the court shall send notice to each party with a known address, stating:#

    1. (1)

      The appraised fair market value of the property;#

    2. (2)

      That the appraisal is available at the clerk’s office; and#

    3. (3)

      That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.#

  6. (f)

    If an appraisal is filed with the court pursuant to subsection (d) of this Code section, the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (e) of this Code section, whether or not an objection to the appraisal is filed under paragraph (3) of subsection (e) of this Code section. In addition to the court ordered appraisal, the court may consider any other evidence of value offered by a party.#

  7. (g)

    After a hearing under subsection (f) of this Code section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.#

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

Code 1981, § 44-6-184, enacted by Ga. L. 2012, p. 97, § 2/HB 744.

Law reviews

For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).

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)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 136 to 137; merge action: added; file SHA-256 a165b4d6b81d.