RulesofCivilProcedure.com Civil Procedure · Every State

§ 9-2-23.Separate action by tenant in common

Chapter 2. Actions Generally · Article 2. Parties · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-2-23 allows a tenant in common to file a lawsuit alone to protect that co-owner’s own share of jointly held property, without joining the other co-tenants, and confines the resulting judgment so that it affects only the tenant in common who brought the action, not the other owners.

Full Text of § 9-2-23

Text size

A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself.
End

Plain-English Summary

Owning property with someone else as a tenant in common doesn’t mean you have to drag them into court every time you want to protect your share of it. This section lets a co-tenant act alone.

A tenant in common may bring an action separately to vindicate their own interest in the shared property, without needing the other co-owners to join as plaintiffs. That matters when the other tenants in common are unavailable, uninterested, or even opposed to litigating.

The tradeoff is scope: the judgment in that solo action reaches only the tenant in common who brought it. It doesn’t bind the other co-owners’ shares, and it doesn’t resolve their rights one way or the other, so a dispute affecting multiple owners may still require separate proceedings for each.

Frequently Asked Questions

Can one co-owner of property sue alone without the other co-owners joining?

Yes, if the co-owners hold the property as tenants in common. The section allows a tenant in common to bring an action separately for their own interest.

Does a judgment in a solo tenant-in-common lawsuit affect the other co-owners?

No. The section limits the judgment’s effect to the tenant in common who brought the action.

Do all tenants in common have to be joined as plaintiffs in a property lawsuit?

Not under this section — it authorizes a separate action by one tenant in common for that tenant’s own interest.

What kind of ownership arrangement does this section cover?

Property held as a tenancy in common, where each owner holds an individual, undivided interest in the whole.

Why would a tenant in common choose to sue alone rather than with co-owners?

The section doesn’t state a reason, but it makes the option available, which matters when the other co-owners are unavailable or unwilling to join the case.

Amendment History

Orig. Code 1863, § 3183; Code 1868, § 3194; Code 1873, § 3259; Code 1882, § 3259; Civil Code 1895, § 4941; Civil Code 1910, § 5518; Code 1933, § 3-111.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source
Also known as: tenant in common lawsuit Georgiaco-owner sue separately Georgia lawGeorgia tenancy in common separate actionGeorgia Code Section 9-2-23tenant in common judgment effect Georgia