Can an LLC Own Real Estate in Georgia?

Q: Can an LLC own real estate in Georgia?

A: Yes. Georgia LLCs can own, purchase, hold, and manage real property. Under O.C.G.A. Title 14, Chapter 11, an LLC is a separate legal entity with capacity to acquire and hold title to real estate in its own name. This structure provides liability protection and simplifies property management.

How to Own Real Estate Through Your Georgia LLC

Once you file Articles of Organization with the Georgia Secretary of State, your LLC can take title to real property in the LLC's legal name. The property is held separately from members' personal assets, protecting individual owners from creditors' claims against the real estate.

To purchase or hold real estate, your LLC must:

Be registered with the Georgia Secretary of State
Maintain a registered agent and principal office address on file
Obtain an EIN from the IRS
Execute deeds and property documents in the LLC's legal name

Title companies will verify your LLC's good standing before closing. Ensure your registered agent remains current throughout ownership.

Operating Agreement for Real Estate

Georgia does not require a written operating agreement (O.C.G.A. § 14-11-1102), but one is strongly recommended for real estate ownership. Your agreement should clarify:

Member authority to purchase, sell, or mortgage property
Management structure (member-managed vs. manager-managed)
Capital contributions and ownership percentages
Property disposition if the LLC dissolves

Without a written agreement, Georgia's default LLC rules apply, which may not reflect your intentions regarding property decisions.

Liability Protection

Georgia LLCs provide charging order protection under O.C.G.A. § 14-11-504. Creditors of individual members cannot reach LLC-owned property through a charging order. However, creditors may pursue claims against the property itself through standard foreclosure or judgment lien procedures.

Next Steps

File Articles of Organization with the Georgia Secretary of State
Draft an operating agreement addressing real estate authority and management
Obtain an EIN from the IRS
Consult a Georgia real estate attorney before acquiring property to ensure proper title transfer and liability protection

Real estate ownership through an LLC is a common and effective strategy in Georgia. Proper documentation and compliance with state law ensure your liability protection remains intact.

This is general information, not legal advice.