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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 13. EXEMPTIONS FROM LEVY AND SALE · Article 1. CONSTITUTIONAL EXEMPTIONS · Part 1. IN GENERAL

44-13-16. Sale of exempted property for reinvestment; procedure; effect.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Whenever the debtor shall desire the exempted property, whether real or personal, to be sold for reinvestment, an application for the sale of the property must be made to the judge of the superior court of the county where the debtor resides or the property is situated unless the judge is disqualified, in which case application may be made to the judge of the superior court of an adjoining circuit. Upon proper showing, the judge may order a sale of the property; and the proceeds shall be reinvested upon the same uses.#

  2. (b)

    A sale ordered pursuant to subsection (a) of this Code section shall operate to pass to the purchaser the entire interest and title of the beneficiaries in the exempted property and also the entire interest and title owned, before the exemption was made, by the party out of whose estate the property was so exempted.#

  3. (c)

    The purchaser shall receive the property sold and shall hold the same, as to all liens thereon against the original debtor and with the same exemption therefrom, for the same length of time as was allowed to the original debtor before the sale; and, by consent of all lien creditors, the liens of such creditors may be divested and transferred to the newly acquired property by the order of the court pursuant to subsection (a) of this Code section.#

  4. (d)

    An applicant who has obtained an exemption for the spouse, minor children, or dependents of the debtor may apply for an order of sale under subsections (a) through (c) of this Code section. All persons interested shall be parties to the proceeding.#

  5. (e)

    The judge of the superior court shall order the entire proceedings recorded in the minutes by the clerk of the superior court of the county in which the parties applying for the order of sale reside and, when land is to be sold, in the county where the land is located; and the judge shall provide the means and mode of sale and reinvestment as provided in this Code section.#

  6. (f)

    This Code section shall apply to the sale of any real or personal property set apart under this article.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1876, p. 48, § 7; Ga. L. 1878-79, p. 99, § 5; Code 1882, § 2025; Civil Code 1895, § 2847; Civil Code 1910, § 3397; Code 1933, § 51-801; Code 1981, § 44-13-17; Code 1981, § 44-13-16, as redesignated by Ga. L. 1983, p. 1170, § 2.

Editor's notes

Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-17 as this Code section. The 1983 Act also redesignated former Code Section 44-13-16, relating to how cash was exempted, as present Code Section 44-13-15.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 358 to 359; merge action: carried; file SHA-256 02e72213893a.