Washington, DC asked in Civil Litigation and Contracts for Georgia

Q: tenancy in common law says property will be shared equally UNLESS "the contrary appears" how does the contrary appear?

I am 95% owner. the 5% co-owner is not taking true responsibility for the property. he is only causing trouble.

how does the contrary appears clause apply in this law?

if i can prove that he is behaving contrary to the best interest of the property, does that qualify?

please explain the clause's meaning.

thank you.

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1 Lawyer Answer
Jennifer Pierce
Jennifer Pierce
  • Johns Creek, GA
  • Licensed in Georgia

A: If your ownership deed specifies that you have a 95% ownership and the co-owner only has 5%, then that's what you have. If the deed does not set out those percentages, then it is presumed you hold title in 50/50. The co-owner's behavior has no bearing on how much they own.

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