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Can a “Time Share” Interest in Real Property be Partitioned?

April 26, 2017partitioned Property

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Can a “Time Share” Interest in Real Property be Partitioned?

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O.C.G.A. 44-3-165 Creation oft Time-Share Program; Partition. (a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments. (b) No action for partition of a unit may be maintained except as permitted by the time-share instrument. Most “time share” documents prohibit partition. However, it the instrument does not prohibit it, time shares may be partitioned.