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