O.C.G.A.

O.C.G.A. § 44-13-106 (2019)

Use of exempted property

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

The property exempt under this article shall be for the use and benefit of the family of the debtor from whose estate the property has been exempted and allowed. Upon the death of the wife or her subsequent marriage, the property shall remain for the support and benefit of the minor children of the debtor during their minority.

History

Orig. Code 1863, § 2021; Ga. L. 186566, p. 29, § 2; Code 1868, § 2021; Code 1873, § 2048; Ga. L. 1880-81, p. 69, § 1;

Code 1882, § 2048a; Civil Code 1895, § 2874; Civil Code 1910, § 3424; Code 1933, § 51-1503; Ga. L. 1982, p. 3, § 44.

Annotations

JUDICIAL DECISIONS Termination of homestead. - The exemption of land taken by a father for the benefit of his minor son ceases when the son reaches majority. Blalock v. Denham, 85 Ga. 646, 11 S.E. 1038, 1890 Ga. LEXIS 123 (1890); Rogers v. Kimsey, 177 Ga. 839, 171 S.E. 707, 1933 Ga. LEXIS 442 (1933). Exemption for family as a whole. - Where it appeared from a plat in the record

that the exemption consisted of 50 acres of land to the head of a family, and six adjacent tracts of five acres each to six named children, the homestead was nevertheless to be considered as a tract of 80 acres of land claimed and set apart for the use and benefit of the family as a whole, and not as consisting of seven distinct homesteads. Rogers v. Kimsey, 177 Ga. 839, 171 S.E. 707, 1933 Ga. LEXIS 442 (1933).

Possessory warrant. - The possession of the head of the family is for the use of the wife and children, and the wife can recover by possessory warrant property which is taken from him. Tucker v. Edwards, 71 Ga. 602, 1883 Ga. LEXIS 231 (1883).

Enjoining interference with possession. - A proceeding to enjoin an interference with the right of possession by the beneficiaries of property set apart as homestead may properly be instituted directly by them. Pritchett v. Davis, 101 Ga. 236, 28 S.E. 666, 1897 Ga. LEXIS 204 (1897).

RESEARCH REFERENCES Am. Jur. 2d. 31 Am. Jur. 2d, Exemptions, §§ 32, 132. 40 Am. Jur. 2d, Homestead, §§ 148, 155, 156, 166, 167.

C.J.S. 40 C.J.S., Homesteads, § 167 et seq.