Georgia: Homestead Exemption Amounts
The short answer
For an ordinary civil judgment outside bankruptcy, Georgia protects $5,000 of a debtor's property generally, or $21,500 specifically for real or personal property used as the debtor's primary residence, and you have to actively claim it by filing a sworn petition with the probate court, it isn't automatic. (Georgia has a separate, much larger exemption, $50,000 for one person, $100,000 for a married couple, as of a July 2026 law, but that one only applies inside bankruptcy, not to an ordinary judgment.) Once the probate court formally sets your property apart, no court or officer in the state can enforce a judgment against it, except for a short list of debts like taxes or the purchase price of the property itself.
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This is the general rule in Georgia. Ezel applies current Georgia law to your specific facts and answers with citations to the statutes.
| Governing law | O.C.G.A. Sec. 44-13-1 (Title 44, Ch. 13, Art. 1, "Constitutional Exemptions") governs an ORDINARY civil-judgment levy and sale: the scope of this survey. A separate, larger exemption, O.C.G.A. Sec. 44-13-100(a)(1) ("Statutory Exemptions"), applies only "for purposes of bankruptcy and intestate insolvent estates," not to an ordinary judgment outside bankruptcy; a debtor may use one scheme or the other, never both (Sec. 44-13-21) |
|---|---|
| Exemption amount | $5,000 for other real or personal property, or $21,500 specifically for real or personal property that is the debtor's primary residence (Sec. 44-13-1), unchanged since a 2012 amendment. Georgia's SEPARATE bankruptcy-only exemption under Sec. 44-13-100(a)(1) was more than doubled to $50,000 (one debtor) / $100,000 (title held by one of two spouses using it as their primary residence) by 2026 House Bill 1024, effective July 1, 2026, but that larger figure applies only inside bankruptcy, not to an ordinary civil judgment |
| Size or acreage limit | None: Georgia caps by dollar value only, with no separate acreage or lot-size restriction in either exemption scheme |
| Automatic, or do you have to file something? | NOT automatic: a declaration/petition is REQUIRED, not just optional. A debtor (or, if the debtor refuses, the debtor's spouse or someone acting for the debtor's minor children or dependents, per Sec. 44-13-2) must file a sworn petition with the probate court of the county where they reside, listing the specific property claimed and a list of all creditors (Sec. 44-13-4); the judge must DISMISS the petition if it doesn't comply. Nothing is exempt from levy and sale until this court process formally "sets apart" the property |
| Who qualifies, and can spouses double it? | Any debtor domiciled in Georgia who successfully petitions the probate court; if the debtor won't apply, the debtor's spouse or a representative of the debtor's minor children or dependents can file instead, and it's just as binding as if the debtor had done it (Sec. 44-13-2). No stated doubling of the Sec. 44-13-1 dollar figures for joint owners: it's a single $5,000/$21,500 pool for the property set apart, unlike the separate bankruptcy-only exemption, which does expressly double for spouses |
| What it actually protects you from | Once property is formally "set apart" through the petition process, "no court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree" against it (Sec. 44-13-1): a standing bar on enforcement once granted, not just a defense raised at the moment of a forced sale |
| Debts that can still reach your home | The set-apart protection doesn't reach debts for taxes, the purchase money of the property, labor done on the property, material furnished for the property, or removal of encumbrances on the property (Sec. 44-13-1) |
| Protection for sale proceeds | No automatic, time-limited cash exemption for sale proceeds the way some states have. Instead, a debtor who wants to sell set-apart property must petition the superior court for an order of sale; the court-ordered sale passes clear title to the buyer, and the proceeds must be reinvested for the same exempt use, carrying the same exemption for the same remaining time period (Sec. 44-13-16) |
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Requirements one by one
Governing law
The exemption that applies to an ordinary civil judgment is O.C.G.A. § 44-13-1, in Title 44's "Constitutional Exemptions" article (implementing a provision of the Georgia Constitution that authorizes the legislature to set exemption amounts). A completely separate exemption, O.C.G.A. § 44-13-100(a)(1), sits in the "Statutory Exemptions" article and applies "for purposes of bankruptcy" only. Section 44-13-21 makes the two mutually exclusive: a debtor who uses one scheme can't also use the other, except in a narrow circumstance where previously-elected exempt property is lost to an outstanding claim.
Exemption amount
Under § 44-13-1, the amount is $5,000 for a debtor's real or personal property generally, or $21,500 specifically where the property is the debtor's primary residence, figures that haven't changed since a 2012 amendment. This is the number that matters for an ordinary judgment. Georgia's separate bankruptcy-only exemption under § 44-13-100(a)(1) was $21,500 (single) / $43,000 (spousal) for years, but 2026 House Bill 1024 more than doubled it to $50,000 (single) / $100,000 (where title is held by one of two spouses and the property is the primary residence of both), effective July 1, 2026, a date that has already passed as of this page's last verification. Starting July 1, 2031, both figures will be revised annually by the state revenue commissioner's inflation-rate calculation. None of this larger figure applies to an ordinary civil judgment outside bankruptcy.
Size or acreage limit
None. Both of Georgia's exemption schemes cap protection purely by dollar value, with no separate limit on the size of the lot or the acreage.
Automatic, or do you have to file something?
You must file something, this is the rare state where an affirmative petition is REQUIRED to get any protection at all, not just optional paperwork that adds extra benefits. Under § 44-13-4, the debtor (or, under § 44-13-2, the debtor's spouse or someone acting for the debtor's minor children or dependents, if the debtor refuses to apply) must file a sworn petition with the probate court of the county of residence. The petition must identify the debtor, list any minor children or dependents, describe exactly what property is claimed, and attach a sworn schedule of all the debtor's property along with a list of creditors and their addresses. If the petition doesn't comply with these requirements, the judge must dismiss it. Nothing is exempt until the court formally "sets apart" the property through this process.
Who qualifies, and can spouses double it?
Any debtor domiciled in Georgia who successfully completes the petition process qualifies. If the debtor won't file, the debtor's spouse or someone representing the debtor's minor children or dependents can file instead, and it's just as binding as if the debtor had done it (§ 44-13-2). The § 44-13-1 dollar figures aren't doubled for joint owners or married couples, it's a single $5,000/$21,500 pool for whatever property gets set apart. That's a real contrast with the separate bankruptcy exemption, which does expressly double to $100,000 where title is held by one of two spouses using the property as their shared primary residence.
What it actually protects you from
Once property is formally set apart through the court process, § 44-13-1 says flatly that "no court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree" against it. That's a strong, standing bar on enforcement once the exemption is granted, not merely a defense you raise if a creditor tries to force a sale.
Debts that can still reach your home
Even set-apart property isn't protected from everything. Section 44-13-1 carves out debts for taxes, the purchase money of the property (a seller-financing or purchase-money lien), labor done on the property, material furnished for the property, and the removal of encumbrances on the property, all of these can still reach set-apart property despite the exemption.
Protection for sale proceeds
Georgia doesn't have an automatic, time-limited cash exemption for sale proceeds the way some states do. Instead, § 44-13-16 requires a debtor who wants to sell set-apart property to petition the superior court (a different court than the probate court that granted the original exemption) for an order of sale. A court-ordered sale under this process passes clear title to the buyer, and the proceeds must be reinvested for the same exempt use, the new property then carries the same exemption for whatever time remained on the original one.
What trips people up
The single biggest trap in researching Georgia's homestead exemption is treating the two schemes as one. Search results and even some bankruptcy-focused legal sites describe "Georgia's homestead exemption" using the § 44-13-100 bankruptcy figures ($50,000/$100,000 as of July 2026) without mentioning those numbers don't apply if you're not in bankruptcy, if you're facing an ordinary judgment and haven't filed for bankruptcy, the real number is $21,500 under § 44-13-1, and you have to petition the probate court to get it. Also, unlike most states, don't assume the protection is automatic just because you live in the home, without a completed petition, nothing is legally set apart from creditors at all.
Common questions
Do I need to file anything to protect my home from a judgment in Georgia? Yes, this is one of the few states where filing is required, not optional. You must petition the probate court in your county with a sworn schedule of your property and a list of your creditors before any protection applies.
I heard Georgia's homestead exemption is $50,000, is that right? That figure (rising to $100,000 for some married couples) is real, but it only applies inside a bankruptcy case under § 44-13-100. If you're dealing with an ordinary judgment and haven't filed bankruptcy, the applicable exemption under § 44-13-1 is $21,500 for your primary residence.
Can I use both the bankruptcy exemption and the ordinary exemption? No. Georgia law makes them mutually exclusive, you elect one or the other, not both, except in a narrow circumstance involving property already lost to an earlier claim.
Statutes and sources
- O.C.G.A. § 44-13-1, https://archive.org/download/gov.ga.ocga.2024/T44%20Ch8-15%20%28V32%29%202022_djvu.txt (accessed 2026-07-09)
- O.C.G.A. § 44-13-21, https://archive.org/download/gov.ga.ocga.2024/T44%20Ch8-15%20%28V32%29%202022_djvu.txt (accessed 2026-07-09)
- O.C.G.A. § 44-13-100(a)(1), https://archive.org/download/gov.ga.ocga.2024/T44%20Ch8-15%20%28V32%29%202022_djvu.txt (accessed 2026-07-09)
- 2026 Ga. H.B. 1024, Section 1 (enacted, eff. 2026-07-01), https://gov.georgia.gov/document/2026-signed-legislation/hb-1024/download (accessed 2026-07-09)
- O.C.G.A. § 1-3-4(a)(1), https://law.justia.com/codes/georgia/title-1/chapter-3/section-1-3-4/ (accessed 2026-07-09)
- O.C.G.A. § 44-13-2, https://law.justia.com/codes/georgia/title-44/chapter-13/article-1/part-1/section-44-13-2/ (accessed 2026-07-09)
- O.C.G.A. § 44-13-4, https://law.justia.com/codes/georgia/title-44/chapter-13/article-1/part-1/section-44-13-4/ (accessed 2026-07-09)
- O.C.G.A. § 44-13-16, https://law.justia.com/codes/georgia/title-44/chapter-13/article-1/part-1/section-44-13-16/ (accessed 2026-07-09)
Source links
Every statute quoted above, linked, with the date we checked it.
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