Money & Debt · Homestead (creditor protection)
Homestead Exemption from Creditors in Georgia
How much of your home equity is shielded from a judgment creditor in Georgia, what the exemption does not stop, and how to claim it, cited to the statute.
What is protected in Georgia
The equity shielded from creditors, how it applies, and the debts it cannot stop.
| Rule | In Georgia | What it means |
|---|---|---|
| Applies automatically | Must be filed | In Georgia the homestead exemption is most often used in bankruptcy, where you claim it on your exemption schedule; it is not a filing you make in advance. Outside bankruptcy, Georgia has no unlimited automatic homestead like Florida or Texas, so the dollar amount is what shields your equity when you assert it. |
| Married or co-owned | See note | The exemption reaches $100,000 where the home is titled in one of two spouses who is a debtor and the other spouse has no separate homestead exemption. Where both spouses own and each files, each can claim the individual amount, which also stacks toward $100,000 on a jointly owned home. |
| Federal alternative | Bankruptcy | Georgia opts out of the federal bankruptcy exemptions, so a Georgia debtor must use the state homestead amount rather than the federal figure under 11 U.S.C. §522(d)(1). The Georgia amount is what applies. |
| Statute | O.C.G.A. §44-13-100(a)(1) | The controlling authority. Read the full text through the source link below. |
Equity protected: $50,000
O.C.G.A. §44-13-100(a)(1) exempts a debtor’s aggregate interest, up to a set amount, in real or personal property used as a residence. As amended by House Bill 1024, effective July 1, 2026, that amount is $50,000. It rises to $100,000 where the residence is titled in one of two spouses who is a debtor and the other spouse has no separate homestead exemption. These figures replaced the long-standing $21,500 and $43,000 amounts.
Does not stop
The exemption protects the equity above your liens from an ordinary judgment creditor. It does not defeat a mortgage or other security deed you agreed to, a debt for the purchase price of the home, a mechanic’s lien for work on the property, or a tax lien. If your equity is larger than the exemption, a creditor may reach the surplus.
House Bill 1024, signed May 11, 2026 and effective July 1, 2026, more than doubled the exemption: the individual amount went from $21,500 to $50,000, and the spousal amount from $43,000 to $100,000. Because the change is recent, many sources and the official code mirrors still show $21,500 and $43,000; those are out of date. Beginning July 1, 2031 the amounts adjust annually for inflation.
What you can do right now
Concrete, neutral steps to protect home equity in Georgia. This is legal information, not legal advice.
- Use the current 2026 amounts
Georgia raised the homestead exemption on July 1, 2026 to $50,000 for an individual and up to $100,000 for a spousal home. If a source or form still says $21,500 or $43,000, it is out of date; rely on the new figures.
- Estimate your equity above liens
Subtract your mortgage and any other liens from your home’s value. The exemption protects that equity up to $50,000, or up to $100,000 for a qualifying spousal home. Knowing the number tells you how much is shielded from a judgment creditor.
- Check whether the spousal amount applies
The exemption reaches $100,000 where the home is titled in one of two spouses who is the debtor and the other spouse has no separate homestead exemption, or where both spouses own and each claims the amount. Confirm how title is held before relying on the higher figure.
- Get Georgia help with a judgment or filing
If a creditor with a judgment targets your home, or you are weighing bankruptcy, Georgia Legal Aid and a local legal aid office can explain how the homestead exemption applies and how to claim it. The higher 2026 amounts protect more equity than before.
If a creditor is threatening your home, you can check how the exemption applies and how to claim it. This resource explains your rights.
→ Georgia Legal AidThis is general legal information, not legal advice. Liens, bankruptcy choices, and local rules can change how the exemption applies to your home.
What people get wrong in Georgia
Two points about Georgia homestead trip people up, so clear them first. This is the exemption that protects your home equity from creditors, not the property-tax homestead exemption, which is a separate reduction on your tax bill. And the amount just changed. House Bill 1024, effective July 1, 2026, raised the exemption under O.C.G.A. §44-13-100(a)(1) from $21,500 to $50,000 for an individual, and from $43,000 to $100,000 where the residence is titled in one of two spouses who is a debtor and the other spouse has no separate homestead exemption. That is a big jump after years at the old figure, so any source still quoting $21,500 is stale, and the official code mirrors have not caught up yet. Unlike Florida or Texas, Georgia does not give an unlimited automatic homestead; this dollar amount, which you claim on your bankruptcy schedule or assert against a creditor, is what shields your equity. It protects the equity above your liens: it stops an ordinary judgment creditor from forcing a sale of the exempt portion, but it does not defeat a security deed, a purchase-price debt, a mechanic’s lien, or a tax lien.
Common questions
How much home equity is protected from creditors in Georgia?
As of July 1, 2026, $50,000 for an individual, and up to $100,000 where the home is titled in one of two spouses, under O.C.G.A. §44-13-100(a)(1). These figures replaced the old $21,500 and $43,000 amounts, so older sources understate the protection.
Did the Georgia homestead exemption go up in 2026?
Yes. House Bill 1024, signed May 11, 2026 and effective July 1, 2026, raised the individual exemption from $21,500 to $50,000 and the spousal amount from $43,000 to $100,000. If a form or article still says $21,500, it has not been updated. The amounts begin adjusting annually for inflation on July 1, 2031.
When does the Georgia homestead exemption reach $100,000?
Where the residence is titled in one of two spouses who is a debtor and the other spouse has no separate homestead exemption, the amount is $100,000. Where both spouses own the home and each claims the exemption, their individual amounts also stack toward $100,000. How title is held controls which figure applies.
What can still take my Georgia home despite the homestead?
A mortgage or security deed you agreed to, a debt for the purchase price of the home, a mechanic’s lien for work on the property, and a tax lien. The exemption protects equity from ordinary judgment creditors up to the amount. If your equity exceeds the exemption, a creditor may reach the surplus.
What is the difference between the homestead creditor and homestead tax exemption in Georgia?
They are different. The creditor exemption here protects your home equity from a judgment creditor forcing a sale, and it is most often claimed in bankruptcy. The property-tax homestead exemption lowers your home’s taxable value to cut your annual property tax bill, and you apply for it with your county. One is asset protection; the other is a tax break.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.