22.630 Partitioning

22.630 Partitioning You will find that the plaintiff/defendant/both parties is/are claiming that certain property should be divided or partitioned between them. Any property owned either in whole or in part by the other spouse may be divided between them on an equitable basis. This is not an award of alimony but an equitable division of property. Stokes v. Stokes, 246 Ga. 765, 771 (1980) (Note: Before the 1979 amendments to what is now O.C.G.A. Title 19, only the court and not a jury could partition the property between the parties, Gorman, 239 Ga. 312 (1977), since to allow a jury to do so would violate the prohibition in Ga. Code Ann. §30-210 against awarding alimony from the wife to the husband. Since this code section has now been rewritten to provide for such, it is believed that the jury can now partition as provided in this suggested charge.)