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Homestead Exemption Laws in Georgia

Georgia lets a debtor exempt up to $50,000 of equity in a residence in bankruptcy from July 1, 2026, or $100,000 when title is in one spouse who is a debtor and the home is both spouses' primary residence, with no acreage limit.

Last checked . General information, not legal advice.

Georgia at a glance

Exemption amount
$50,000 ($100,000 for some married debtors)
From July 1, 2026 (HB 1024). $100,000 when title is in one of two spouses who is a debtor and it is both spouses' primary residence. Inflation adjusted yearly from July 1, 2031.
Unlimited in value
No
Acreage limit
No acreage limit
O.C.G.A. 44-13-100 limits the exemption by value only.

Sources

Last checked

The rules in Georgia

How much home equity does the homestead exemption protect in Georgia?

Exemption amount in Georgia: $50,000 ($100,000 for some married debtors). From July 1, 2026 (HB 1024). $100,000 when title is in one of two spouses who is a debtor and it is both spouses' primary residence. Inflation adjusted yearly from July 1, 2031.

Is the homestead exemption unlimited in value in Georgia?

No. Unlimited in value in Georgia: no.

Is there an acreage limit on the homestead exemption in Georgia?

Acreage limit in Georgia: No acreage limit. O.C.G.A. 44-13-100 limits the exemption by value only.

Where do the Georgia homestead exemption laws come from?

The rules above come from Ga. Code 44-13-100(a)(1) and Ga. H.B. 1024 (2026). Each source is linked on this page. We last checked them in October 2026.

Good to know

HB 1024 (2026), effective July 1, 2026, raised the bankruptcy residence exemption from $21,500 to $50,000 and the spouse amount from $43,000 to $100,000.

This exemption is for purposes of bankruptcy, in lieu of the exemption in O.C.G.A. 44-13-1.

What this means in practice

The exemption applies to equity, not to the full value of the home. Equity is the market value minus the mortgages and other liens on the property. A lender that holds a mortgage on the home, and certain other claims such as taxes on the property, can usually still be enforced against it regardless of the exemption.

Check whether you need to take a step to claim the protection. Some states protect a home automatically once it is your residence, while others require you to record a homestead declaration with the county or to claim the exemption in court when a creditor tries to collect.

In bankruptcy, federal law can limit a state homestead exemption for a home bought within a set period before the filing, and residency rules decide which state's exemptions apply if you moved recently. Some states also let filers choose the federal bankruptcy exemptions instead of the state list. A bankruptcy attorney can confirm which rules apply to your situation.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.