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.
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.
Structure Georgia Code
Chapter 13 - Exemptions From Levy and Sale
Article 1 - Constitutional Exemptions
§ 44-13-1. Amount of Exemption; Who May Claim Exemption; What Charges Enforceable
§ 44-13-1.1. “Dependent” Defined
§ 44-13-3. Supplementation of Exemption
§ 44-13-5. Survey of Lands in Different County
§ 44-13-6. Duty to Provide Full Schedule of Property; Effect of Fraudulent Omissions
§ 44-13-7. Publication of Notice of Application; Form
§ 44-13-8. Written Notice to Creditors; How Given
§ 44-13-9. Time Fixed by Notice for Hearing
§ 44-13-12. Objections to Schedule
§ 44-13-15. How Cash Exempted; Investment in Personalty
§ 44-13-16. Sale of Exempted Property for Reinvestment; Procedure; Effect
§ 44-13-18. Disposition of Rents and Profits Arising From Exempted Property
§ 44-13-19. Costs of Proceedings
§ 44-13-20. Reversion of Property Set Apart for Spouse, Children, or Dependents