O.C.G.A.

O.C.G.A. § 44-13-17 (2019)

Sale for reinvestment when application made for debtor’s children or dependents or by divorced spouse

✓ 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.
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Whenever any property has been set apart for the debtor’s minor children or dependents and they desire the same to be sold for reinvestment but the debtor fails or refuses to join with them in the application to have such property sold for reinvestment or whenever a divorce has been granted to the spouse of the debtor and the property exempted by this article and sought to be sold for reinvestment has been awarded to that spouse, the proceedings for reinvestment shall be in all respects as binding upon all parties as if the debtor had joined with the minor children, dependents, or spouse, respectively, in the application.

History

Ga. L. 1894, p. 93, § 1; Civil Code 1895, § 2844; Civil Code 1910, § 3394; Code 1933, § 51-703; Code 1981, § 44-13-18; Code 1981, § 44-13-17, as redesignated by Ga. L. 1983, p. 1170, § 2.

Annotations

Editor’s notes. Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-18 as this Code section. The 1983 Act also redesignated former Code Section 44-13-17, relating to sale of exempted

property for reinvestment, as present Code Section 44-13-16. RESEARCH REFERENCES Am. Jur. 2d. 40 Am. Jur. 2d, Homesteads, §§ 114, 148, 166, 188. ALR. Effect of divorce on homestead, 36 A.L.R. 431; 84 A.L.R.2d 703. Debtor’s exemption of proceeds of insur-

ance on property itself exempt, 63 A.L.R. 1286. Time as of which, and extent to which, homestead exemption attaches to property received in exchange for homestead, 83 A.L.R. 54.