Supreme Court of Georgia

Vargo v. Adams

October 2, 2017

Summary

The court affirmed the denial of equitable partition because property held by unmarried joint tenants with right of survivorship cannot be partitioned equitably unless the joint tenancy is first severed. Statutory partition was also unavailable because that remedy applies only to tenants in common. The court further rejected the claim that the trial court denied due process by applying this rule despite Adams's failure to specifically raise it as a dismissal ground.