2021 Georgia Code
Title 44 - Property
Chapter 13 - Exemptions From Levy and Sale
Article 1 - Constitutional Exemptions
Part 1 - In General
- § 44-13-1. Amount of Exemption; Who May Claim Exemption; What Charges Enforceable
- § 44-13-1.1. "Dependent" Defined
- § 44-13-2. Application for Exemption by Spouse, Minor Children or Representative of Dependents Upon Debtor's Refusal to Apply
- § 44-13-3. Supplementation of Exemption
- § 44-13-4. Application for Exemptions; to Whom Made; Contents; Schedule of Property and List of Creditors; Effect of Failure to Comply; Survey
- § 44-13-5. Survey of Lands in Different County
- § 44-13-6. Duty to Provide Full Schedule of Property; Effect of Fraudulent Omissions
- § 44-13-7. Publication of Notice of Application; Form
- § 44-13-8. Written Notice to Creditors; How Given
- § 44-13-9. Time Fixed by Notice for Hearing
- § 44-13-10. Survey of Exempted Real Property; Affidavit of Surveyor; Return to Probate Court; Objection to Survey; Failure of Surveyor to Comply as Contempt
- § 44-13-11. Approval of Application; Transmittal of Copy of Exempted Real Property to Other Counties; Recordation
- § 44-13-12. Objections to Schedule
- § 44-13-13. Appointment of Appraisers Upon Filing of Objections; Examination and Valuation of Property; Alterations in Plat and Schedule; Approval and Recordation; Appeal
- § 44-13-14. Procedure for Exempting Town Realty Valued in Excess of Exemption; Order of Probate Court; Reinvestment of Sale Proceeds; Liability of Judge or Officer
- § 44-13-15. How Cash Exempted; Investment in Personalty
- § 44-13-16. Sale of Exempted Property for Reinvestment; Procedure; Effect
- § 44-13-17. Sale for Reinvestment When Application Made for Debtor's Children or Dependents or by Divorced Spouse
- § 44-13-18. Disposition of Rents and Profits Arising From Exempted Property
- § 44-13-19. Costs of Proceedings
- § 44-13-20. Reversion of Property Set Apart for Spouse, Children, or Dependents
- § 44-13-21. Effect of Article on Other Exemptions
- Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, repealed former Code Section 44-13-2, renumbered former Code Sections 44-13-3 through 44-13-22, and made various amendments to the renumbered Code sections in this part. The specific renumberings and amendments in this part effected by the 1983 Act appear in the editor's notes of the affected Code sections. Ga. L. 1983, p. 1170, § 1, not codified by the General Assembly, provided: "It is the intent of this Act to implement certain changes required by Article I, Section I, Paragraph XXVI of the Constitution of the State of Georgia."
JUDICIAL DECISIONS
Protection from execution sale of land on grounds of age and infirmity.
- A person who has applied for an injunction to enjoin the sale of the land under an execution against him, in which land he claims a homestead on the ground of age and infirmity, is protected by giving notice of his application for homestead, provided, of course, it should be determined that he is entitled to the homestead. The purchaser of such property would buy the same subject to the right of the claimant to have the homestead set apart to him. Adams v. Grizzard, 171 Ga. 780, 156 S.E. 689 (1931).
RESEARCH REFERENCES
ALR.
- Exemption of proceeds of voluntary sale of homestead, 1 A.L.R. 483; 46 A.L.R. 814.
Right of individual partner to exemption in partnership property, 4 A.L.R. 300.
Imprisonment as effecting abandonment of homestead, 5 A.L.R. 259.
Agreement by husband that wife shall receive proceeds of sale of homestead as fraud on his creditors, 6 A.L.R. 574.
Loss of homestead rights by wife through absence enforced by act of husband, 42 A.L.R. 1162; 129 A.L.R. 305.
Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758; 77 A.L.R. 371.
Validity and effect of alienation or encumbrances of homestead without joinder or consent of wife, 45 A.L.R. 395.
Attempt to resist enforcement of judgment or execution against real property on ground that it is exempt, as involving title to real property within contemplation of jurisdictional provision, 75 A.L.R. 1230.
Homestead as subject to assessment for local improvements, 79 A.L.R. 712.
Debtor's exemption of personalty as attaching to proceeds of sale or exchange thereof, 119 A.L.R. 467.
Constitutionally permissible classification or discrimination in debtors' exemption statutes, 128 A.L.R. 107.
Validity and effect of waiver of right to complain of acts impairing value of homestead property, without joinder or consent of both husband and wife, 142 A.L.R. 532.
Rights of surviving spouse and children in proceeds of sale of homestead in decedent's estate, 6 A.L.R.2d 515.
Enforcement of claim for alimony, or support, or for attorneys' fees and costs incurred in connection therewith, against exemptions, 54 A.L.R.2d 1422.
