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

Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00 or $21,500.00 for real or personal property that is the debtor's primary residence. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property.

(Ga. L. 1868, p. 27, § 1; Code 1873, § 2002; Code 1882, § 2002; Civil Code 1895, § 2827; Civil Code 1910, § 3377; Code 1933, § 51-101; Ga. L. 1976, p. 346, § 1; Ga. L. 1983, p. 1170, § 2; Ga. L. 2012, p. 1030, § 1/SB 117.)

The 2012 amendment, effective May 2, 2012, added "or $21,500.00 for real or personal property that is the debtor's primary residence" at the end of the first sentence of this Code section.

- For note discussing property exempt from execution, see 12 Ga. L. Rev. 814 (1978). For comment on Roquemore v. Goldstein, 100 Ga. App. 591, 112 S.E.2d 24 (1959), see 12 Mercer L. Rev. 280 (1960).

ANALYSIS

• General Consideration
• What Constitutes Homestead Property
• Who May Claim Exemption

Homestead exemption must be applied for and is not granted solely on basis of information contained in tax return. 1957 Op. Att'y Gen. p. 292.

Levy for delinquent motor vehicle ad valorem taxes can be executed against the homestead. 1968 Op. Att'y Gen. No. 68-146.

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exemptions, §§ 1-12, 16, 26-32. 40 Am. Jur. 2d, Homestead, §§ 1-21, 23-26, 170.

13A Am. Jur. Pleading and Practice Forms, Homestead, § 2.

- 40 C.J.S., Homesteads, §§ 1 et seq., 11 et seq., 140 et seq.

- Exemption of proceeds of voluntary sale of homestead, 1 A.L.R. 483; 46 A.L.R. 814.

Scope and import of term "owner" in statutes relating to real property, 2 A.L.R. 778; 95 A.L.R. 1085.

Right of individual partner to exemption in partnership property, 4 A.L.R. 300.

Action for damages against signing spouse for breach of contract to convey homestead signed by one spouse only, 4 A.L.R. 1272; 16 A.L.R. 1036.

Availability of judgment under which exempt property has been seized as a setoff or counterclaim against claim based on the wrongful seizure, 20 A.L.R. 276.

Lien of judgment on surplus in quantity or value of homestead, 32 A.L.R. 1333.

Failure of head of family to claim homestead exemption as affecting other members of the family, 33 A.L.R. 611.

Effect of divorce on homestead, 36 A.L.R. 431; 84 A.L.R.2d 703.

Loss of homestead rights by wife through absence enforced by act of husband, 42 A.L.R. 1162; 129 A.L.R. 305.

What are "tools," "implements," "instruments," "utensils," or "apparatus," with the meaning of debtor's exemption laws, 52 A.L.R. 826.

Right of creditor to attach bankrupt's exempt property after discharge in bankruptcy, 55 A.L.R. 303.

Debtor's exemption of proceeds of insurance on property itself exempt, 63 A.L.R. 1286.

Mechanic's or materialman's lien on homestead, 65 A.L.R. 1192.

Deposit of exempt funds as affecting debtor's exemption, 67 A.L.R. 1203.

Estate or interest in real property to which a homestead claim may attach, 89 A.L.R. 511; 74 A.L.R.2d 1355.

Availability of debtor's exemption to defeat counterclaim or setoff, 106 A.L.R. 1070.

Character of judgment as "debt" within exemption law as affected by nature of cause of action upon which it was recovered, 108 A.L.R. 1042.

Creation of homestead right in real estate as affecting existing judgment lien, 110 A.L.R. 883.

Creation of homestead right in real estate as affecting existing attachment lien, 110 A.L.R. 904.

Character of property as homestead as affected by its use for business as well as residence purposes, 114 A.L.R. 209.

Who are within constitutional or statutory provisions subjecting homestead to claims of laborers, servants, or the like, 114 A.L.R. 767.

One who supports (or is under a duty to support) in whole or part relatives who do not live with him as "head of family," "householder," etc., within homestead exemption statute, 118 A.L.R. 1386.

Creation of homestead right in real estate as affecting previous mortgage, trust deed, or purchase money or vendor's license, 123 A.L.R. 427.

Multiple dwelling house part of which is occupied by owner as subject of homestead, 128 A.L.R. 1431.

Dower and homestead rights as affecting partition proceedings, 159 A.L.R. 1129.

Purchase of homestead as fraud on creditors, 161 A.L.R. 1287.

State law or state court decisions as governing, or as rule of decision in federal court, in passing upon question as to what property passes to trustee in bankruptcy under § 70(a)(5) of the Bankruptcy Act, 16 A.L.R.2d 839.

Operation and effect of antenuptial agreements to waive or bar surviving spouse's right to probate homestead or surviving family's homestead right or exemption, 65 A.L.R.2d 727.

Wife as head of family within homestead or other property exemption provision, 67 A.L.R.2d 779.

Validity of contractual stipulation or provision waiving debtor's exemption, 94 A.L.R.2d 967.

What is "necessary" furniture entitled to exemption from seizure for debt, 41 A.L.R.3d 607.

Recovery of damages for breach of contract to convey homestead where only one spouse signed contract, 5 A.L.R.4th 1310.

Lien of judgment on excess value of homestead, 41 A.L.R.4th 292.

What constitutes state or local law that is applicable on date of filing of bankruptcy petition for purposes of applying 11 U.S.C.A. § 522(b)(3)(A) or its predecessor in opt-out states, 76 A.L.R. Fed. 2d 333.