Georgia Code
Part 1 - In General
§ 44-13-2. Application for Exemption by Spouse, Minor Children or Representative of Dependents Upon Debtor’s Refusal to Apply

Should a debtor refuse to apply for an exemption under this article, the debtor’s spouse, any person acting on behalf of the minor children of the debtor, or any person acting on behalf of the dependents of the debtor may make such application; and it shall be as binding as if done by the debtor.
History. Ga. L. 1868, p. 27, § 13; Code 1873, § 2022; Code 1882, § 2022; Civil Code 1895, § 2843; Civil Code 1910, § 3393; Code 1933, § 51-702; Code 1981, § 44-13-3 ; Code 1981, § 44-13-2 , as redesignated by Ga. L. 1983, p. 1170, § 2; Ga. L. 1986, p. 10, § 44.
Editor’s notes.
Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-3 as this Code section and rewrote the Code section. The 1983 Act also repealed former Code Section 44-13-2, which was based on Ga. L. 1870, p. 70, § 4; Code 1873, § 2019; Code 1882, § 2019; Civil Code 1895, § 2842; Civil Code 1910, § 3392; Code 1933, § 51-701; and which contained provisions concerning a wife’s homestead when separated from her husband.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 13 - Exemptions From Levy and Sale

Article 1 - Constitutional Exemptions

Part 1 - In General

§ 44-13-1. Amount of Exemption; Who May Claim Exemption; What Charges Enforceable

§ 44-13-1.1. “Dependent” Defined

§ 44-13-2. Application for Exemption by Spouse, Minor Children or Representative of Dependents Upon Debtor’s Refusal to Apply

§ 44-13-3. Supplementation of Exemption

§ 44-13-4. Application for Exemptions; to Whom Made; Contents; Schedule of Property and List of Creditors; Effect of Failure to Comply; Survey

§ 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

§ 44-13-10. Survey of Exempted Real Property; Affidavit of Surveyor; Return to Probate Court; Objection to Survey; Failure of Surveyor to Comply as Contempt

§ 44-13-11. Approval of Application; Transmittal of Copy of Exempted Real Property to Other Counties; Recordation

§ 44-13-12. Objections to Schedule

§ 44-13-13. Appointment of Appraisers Upon Filing of Objections; Examination and Valuation of Property; Alterations in Plat and Schedule; Approval and Recordation; Appeal

§ 44-13-14. Procedure for Exempting Town Realty Valued in Excess of Exemption; Order of Probate Court; Reinvestment of Sale Proceeds; Liability of Judge or Officer

§ 44-13-15. How Cash Exempted; Investment in Personalty

§ 44-13-16. Sale of Exempted Property for Reinvestment; Procedure; Effect

§ 44-13-17. Sale for Reinvestment When Application Made for Debtor’s Children or Dependents or by Divorced Spouse

§ 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

§ 44-13-21. Effect of Article on Other Exemptions