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2018 Georgia Code 44-13-106 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-13-106 Case Law from Google Scholar Amendments to OCGA 44-13-106

TITLE 44 PROPERTY

Section 13. Exemptions from Levy and Sale, 44-13-1 through 44-13-120.

ARTICLE 2 STATUTORY EXEMPTIONS

44-13-106. Use of exempted property.

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.

(Orig. Code 1863, § 2021; Ga. L. 1865-66, 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.)

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); Rogers v. Kimsey, 177 Ga. 839, 171 S.E. 707 (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).

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).

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, 65 Am. St. R. 398 (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.

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