299 Ga. 471
Ga.2016Background
- Reed conveyed property to her daughter McConathy in 2004; parties were treated as joint tenants with right of survivorship under the then-applicable OCGA § 44-6-190.
- In October 2007 Reed executed a quitclaim deed transferring all her interest to Patricia Page; one day later Page executed a quitclaim deed conveying any interest back to Reed. Both deeds were recorded the same day, with Reed→Page appearing before Page→Reed.
- In August 2014 Reed petitioned the superior court for equitable partition and an accounting.
- McConathy moved to dismiss, arguing partition is only available to tenants in common under OCGA § 44-6-160 and that the parties remained joint tenants with right of survivorship.
- Reed argued the 2007 quitclaim to Page severed the joint tenancy under former OCGA § 44-6-190(a), converting interests so partition was available.
- The superior court granted the motion to dismiss; Reed appealed to the Georgia Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a lifetime transfer by deed to a third party severs a joint tenancy created under former OCGA § 44-6-190(a) | Reed: her 2007 quitclaim to Page was a lifetime transfer that severed the joint tenancy | McConathy: transfer did not effect severance because Page returned the property immediately; thus joint tenancy persisted | The quitclaim to Page was a lifetime transfer that severed the joint tenancy; severance does not depend on whether the transferee later reconveyed |
| Whether partition is available given the parties' title after the 2007 transfers | Reed: because the joint tenancy was severed, owners were tenants in common and equitable partition is available under OCGA § 44-6-160 | McConathy: parties remained joint tenants with survivorship, so partition is not available | Court reversed dismissal and held partition and accounting claims should proceed because the joint tenancy was severed |
Key Cases Cited
- Wallace v. Wallace, 260 Ga. 400 (affirming that equitable partition is available to tenants in common, not joint tenants with right of survivorship)
- Biggers v. Crook, 283 Ga. 50 (deed to secure debt is not a lifetime transfer severing joint tenancy)
- Harbin v. Harbin, 261 Ga. App. 244 (wills do not effect a lifetime transfer for purposes of severing joint tenancy)
- Ononye v. Ezeofor, 287 Ga. 201 (discussing appellate jurisdiction for title-to-land/equitable partition matters)