O.C.G.A. § 44-13-104 (2019)
Town property worth more than $500.00; sale and reinvestment
If the debtor in value owns real property in town which exceeds the sum of $500.00 and it cannot be so divided as to give that amount to his family, he may give notice to the officer levying thereon. When the proceeds of the sale are distributed, the court shall order $500.00 of the same to be invested by some proper person in a home for the family of the debtor, which home shall be exempt as if laid off under this article.
History
Orig. Code 1863, § 2017; Code 1868, § 2017; Code 1873, § 2044; Code 1882,
§ 2044; Civil Code 1895, § 2870; Civil Code 1910, § 3420; Code 1933, § 51-1404.
Annotations
JUDICIAL DECISIONS Time of notice. - The notice may be after the levy, but before the sheriff pays out the money. Ragland v. Moore, Trimble & Co., 51 Ga. 476, 1874 Ga. LEXIS 169 (1874). Sale under security deed. - When town property set apart as a homestead is about to be sold under a security deed given by a husband, the debtor’s wife cannot by giving notice have proceeds of the sale held up to be invested in other realty for a statutory homestead. Evans v. Piedmont Nat’l Bldg. & Loan Ass’n, 118 Ga. 880, 45 S.E. 693, 1903 Ga. LEXIS 751 (1903). Prior judgments. - Where prior judg-
ments were obtained against a husband, the wife was later entitled to $500.00 in proceeds of town property sold under the judgments. Maxey, Jordan & Co. v. Loyal, 38 Ga. 531, 1868 Ga. LEXIS 116 (1868). Time of improvements. - Improvements upon a homestead, to become or to partake of the nature of purchase money, must be made after the homestead has been set apart; for from the very nature of the case there can be no improvement of a homestead until there has actually been a homestead granted. Wright v. Carolina Portland Cement Co., 177 Ga. 564, 170 S.E. 795, 1933 Ga. LEXIS 357 (1933).
RESEARCH REFERENCES Am. Jur. 2d. 40 Am. Jur. 2d, Homesteads, §§ 30, 32, 37.
C.J.S. 40 C.J.S., Homesteads, § 33.