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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer

This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.

Sunday, November 14, 2010

Georgia Courts Will Split Properties Bought by Unmarried Couples

In an opinion issued by the Georgia Supreme Court on November 1, 2010 in O'Connor v. Bielski, Case No. S10A0673 (Nov. 1, 2010), the Court addressed the equitable partition of 8.54 acres of property purchased by a couple living together out of wedlock.   The Court upheld the trial court's determination to equitably split proceeds from the ordered sale of a property that the couple bought together before they went their separate ways.

The opinion followed the application of equitable principles commonly applied in partnership or other cases involving joint ownership or purchase of land.  The basis of the action was a claim to partition the property.

The trial court had appointed a special commissioner to sell and determine the equitable division of the proceeds.    The trial reviewed the findings of the special commissioner in a bench trial without a jury.

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