O.C.G.A. § 44-13-21 (2019)
Effect of article on other exemptions
Nothing contained in this article shall be construed to prevent any debtor who does not wish to avail himself of the benefits of this article from claiming the exemptions allowed by Code Section 44-13-100. No person who is allowed the exemptions under Code Section 44-13-100 shall take any benefit under this article; nor shall any person who is allowed the exemptions under this article be allowed the exemptions under Code Section 44-13-100 unless the exempted property so elected is lost by virtue of a sale under an outstanding claim, in which event the election shall not bar an application for an exemption under this article not liable to the outstanding claim.
History
Ga. L. 1868, p. 27, § 14; Code 1873, § 2032; Ga. L. 1876, p. 48, § 8; Code 1882, § 2032; Civil Code 1895, § 2854; Civil Code 1910, § 3404; Code 1933, § 51-906; Code 1981, § 44-13-22; Code 1981, § 4413-21, as redesignated by Ga. L. 1983, p. 1170, § 1.
Annotations
Editor’s notes. Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-22 as this Code section. The 1983 Act also redesignated former Code Section 44-13-21, relating to reversion of property set aside for spouse, children, or dependents, as present Code Section 44-13-20.
JUDICIAL DECISIONS Option as to homestead. - The insolvent debtor has an option, under the provisions of O.C.G.A. § 44-13-21, to take the benefit of the constitutional homestead or to utilize the pony homestead. Powell v.
Powell, 159 Ga. 837, 127 S.E. 117, 1925 Ga. LEXIS 64 (1925). See also Connally v. Hardwick, 61 Ga. 501, 1878 Ga. LEXIS 169 (1878).
RESEARCH REFERENCES C.J.S. 35 C.J.S., Exemptions, § 1. 40 C.J.S., Homesteads, § 1. ALR. Availability of judgment under which
exempt property has been seized as a set-off or counterclaim against claim based on wrongful seizure, 20 A.L.R. 276.
T.44, C.13, A.1, P.2
PART 2 WAIVER OF EXEMPTIONS Editor’s notes. Ga. L. 1983, p. 1170, § 1, which amended Code Sections 44-13-40 through 44-13-42 and enacted Code Section 4414-43 in this part, provided in § 1, not
codified by the General Assembly, that: “It is the intent of this Act to implement certain changes required by Article I, Section I, Paragraph XXVI of the Constitution of the State of Georgia.”
RESEARCH REFERENCES Am. Jur. 2d. 31 Am. Jur. 2d, Exemptions, § 143 et seq. 40 Am. Jur. 2d, Homesteads, §§ 20, 22, 66, 79, 119, 150, 158-161, 165, 166, 174, 178-180 et seq., 184-186, 188, 189, 206. ALR. Direction in will for payment of debts and expenses as subjecting exempt homestead to their payment, 103 A.L.R. 257.
Validity and effect of waiver of right to complain of acts impairing value of homestead property, without joinder or consent of both husband and wife, 142 A.L.R. 532. Recovery of damages for breach of contract to convey homestead where only one spouse signed contract, 5 A.L.R.4th 1310.