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.
(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, §44-13-21, as redesignated by Ga. L. 1983, p. 1170, § 1.)
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). See also Connally v. Hardwick, 61 Ga. 501 (1878).
Cited in Darlington v. Belt, 12 Ga. App. 522, 77 S.E. 653 (1913).