Joint assets shall be applied to joint debts, and individual assets to individual debts; but, when the joint assets are exhausted, the joint debts may come upon individual assets, the individual debts, without regard to relative dignity as compared with the joint debts, being first advanced the pro rata amount received on the joint debts from joint assets.
History. Orig. Code 1863, § 3085; Code 1868, § 3097; Code 1873, § 3154; Code 1882, § 3154; Civil Code 1895, § 4005; Civil Code 1910, § 4602; Code 1933, § 37-409.
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