Equitable assets may be reached by a creditor in every case where he shows that there is danger of not being satisfied out of legal assets.
History. Orig. Code 1863, § 3084; Code 1868, § 3096; Code 1873, § 3153; Code 1882, § 3153; Civil Code 1895, § 4004; Civil Code 1910, § 4601; Code 1933, § 37-408.
Law reviews.
For note, “Georgia Becomes A Quasi Community Property State,” see 17 Ga. St. B.J. 134 (1981).
For comment, “The Georgia Supreme Court’s Creation of an Equitable Interest in Marital Property — Yours? Mine? Ours!,” see 34 Mercer L. Rev. 449 (1982).
For article, “Retirement Benefits: Protection from Creditors’ Claims,” see 24 Ga. St. B.J. 118 (1988).
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 5 - Administration of Assets Generally
§ 23-2-90. Legal and Equitable Assets Defined; Rules of Distribution
§ 23-2-91. When Equity Will Interfere With Administration of Estates
§ 23-2-92. Application for Direction or Construction of Will
§ 23-2-93. Marshaling Assets of Decedent’s Estate
§ 23-2-94. Compelled Election in Marshaling Assets
§ 23-2-95. Creditors’ Petitions
§ 23-2-96. When Equitable Assets May Be Reached by Creditor
§ 23-2-97. Time Limit for Intervention in Case Disposing of Assets; Publication of Order
§ 23-2-98. Application of Joint and Individual Assets to Debts