4.3 Georgia Property Rights and Ownership

Key Takeaways

  • Georgia presumes tenancy in common; joint tenancy with survivorship requires express language and the four unities of time, title, interest, and possession.
  • Georgia abolished common-law dower and curtesy; surviving spouses are protected by year's support and intestacy rules instead.
  • Georgia is an equitable-distribution state for divorce — marital property is divided fairly, not necessarily 50/50, and not as community property.
  • Adverse possession requires 20 years of OCEAN possession, or only 7 years under written color of title.
  • The standard homestead exemption removes $2,000 from the 40% assessed value for county and school taxes; the application deadline is April 1.
Last updated: June 2026

Forms of Ownership in Georgia

Georgia follows common-law estates. The single most-tested point is the default presumption: when two or more people take title without survivorship language, Georgia presumes a tenancy in common, not joint tenancy.

FormWho can hold itSurvivorship?Default?
Tenancy in severaltyOne ownerNo (passes by will/intestacy)
Tenancy in commonTwo or more, unequal shares OKNoYes (default)
Joint tenancy with survivorshipTwo or more, equal sharesYesNo — must be stated

Joint Tenancy Requires the Four Unities

To create a valid joint tenancy with right of survivorship, Georgia requires the four unities — remember T-TIP:

  • Time — all owners take title at the same moment;
  • Title — all take by the same instrument;
  • Interest — equal shares;
  • Possession — equal right to the whole.

The deed must expressly state survivorship (e.g., "as joint tenants with right of survivorship"). If one joint tenant sells or mortgages their interest, that unity is broken and the joint tenancy is severed as to that share, converting it to a tenancy in common.

Trap: Georgia has abolished the common-law marital estate tenancy by the entirety. Older study materials (and questions leaked from other states) still list it — if an option says Georgia married couples automatically take "tenancy by the entirety," it is a distractor. Georgia spouses typically hold as joint tenants with survivorship.

Marital and Survivor Rights

Georgia abolished dower and curtesy. Instead, a surviving spouse is protected by:

  • Year's support — a petition that can set aside property from the estate for the surviving spouse and minor children, ahead of most creditors;
  • Intestate succession — if there is no will, the spouse shares with children but never takes less than one-third of the estate.

Divorce: Equitable Distribution

Georgia is an equitable-distribution state — not a community-property state.

ConceptGeorgia rule
Division standardEquitable (fair), not automatically 50/50
Separate propertyProperty owned before marriage / by gift or inheritance generally stays separate
Marital propertyAcquired during marriage; subject to division
Decision-makerJudge or jury weighs each spouse's contributions

Trap: "Community property" and an automatic 50/50 split are wrong for Georgia. Only nine states use community property; Georgia is not one of them.

Easements, Covenants, and Adverse Possession

Easements

TypeDescriptionTransfers?
AppurtenantBenefits an adjoining parcel (dominant estate); burdens the servient estateRuns with the land
In grossBenefits a person or company (e.g., a utility line)Personal — may not transfer
By necessityGranted for a landlocked parcel that has no other accessTied to the land
By prescriptionCreated by long adverse useRuns with the land

Prescriptive Easements / Private Ways

A private way (driveway-style prescriptive easement) in Georgia generally arises after 7 years of use that is public, continuous, exclusive, peaceable, and under a claim of right, where the user keeps the way (no more than 20 feet wide) in repair. Permission from the owner defeats prescription.

Adverse Possession — the 20-Year / 7-Year Split

This is the highest-frequency numeric question in the section. Use the mnemonic OCEAN for the elements, and watch the two time periods:

ScenarioStatutory periodAuthority
Possession without color of title20 yearsO.C.G.A. § 44-5-163
Possession under written color of title7 yearsO.C.G.A. § 44-5-164

OCEAN elements the claimant must prove:

  • Open and notorious — visible, not secret;
  • Continuous — uninterrupted for the full period;
  • Exclusive — not shared with the true owner;
  • Adverse / hostile — without the owner's permission;
  • Notorious / actual — actual physical possession.

Trap: "Color of title" means a written instrument (deed, will) that appears to convey title but is defective. Possessing under such a document cuts the period from 20 years to 7 years. A flat "20 years" answer is wrong whenever the facts mention a defective deed.

Homestead Exemption

Georgia property is assessed at 40% of fair market value. The standard homestead exemption removes $2,000 from that 40% assessed value for county and school taxes on an owner-occupied primary residence.

FeatureDetail
Standard exemption$2,000 off 40% assessed value (county + school)
Application deadlineApril 1 of the tax year
RenewalAutomatic unless ownership/use changes
Senior (65+, income test)Up to $4,000 off county taxes
Senior school-tax (62+)Up to $10,000 off school taxes

Worked example: A home with a fair market value of $300,000 is assessed at 40% = $120,000. The standard $2,000 homestead exemption reduces the taxable assessed value to $118,000 before any local exemptions are applied.

Test Your Knowledge

Two unmarried friends take title to a Georgia property by deed that says only "to Alice and Ben." One friend dies. What happens to that share?

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Test Your Knowledge

A claimant has occupied a neighbor's strip of land for nine years under a deed that mistakenly included the strip. How long must the claimant possess it to gain title by adverse possession?

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Test Your Knowledge

A Georgia home has a fair market value of $250,000. After applying only the standard homestead exemption, what is the taxable assessed value?

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