1. Co-Tenancy

Question 1

How is a Joint Tenancy created in Georgia?

Answer 1

A sole owner can create joint tenancy by conveying a joint interest directly to another person.

Question 2

Is Tenancy by The Entirety recognized in Georgia?

Answer 2

Georgia does not recognize tenancies by the entirety.

Question 3

How can married couples own property in Georgia?

Answer 3

A married couple can own property as joint tenants, providing each spouse with a right of survivorship.

Question 4

Can one spouse unilaterally convey or encumber their interest in the property in Georgia?

Answer 4

Yes, one spouse can unilaterally convey or encumber their interest in the property.

Question 5

What are the five ways that a tenant in common must account to their co-tenant?

Answer 5

A tenant in common must account if they:
1. Receive rent or profit from the joint property
2. Commit waste
3. Deprive the co-tenant of their fair share of the property
4. Appropriate the joint property to their exclusive use
5. Use the property in an exclusive manner

Question 6

When is a Co-Tenant in Common not liable to account for rent to a co-tenant in Georgia?

Answer 6

A tenant in common is not liable to account for rent if:
1. they occupy only their share
2. do not withdraw essential property value, like mineral deposits