Title 44, Chapter 13, Section 16
( 44-13-16)
(a) Whenever the debtor shall desire the exempted property, whether
real or personal, to be sold for reinvestment, an application for
the sale of the property must be made to the judge of the superior
court of the county where the debtor resides or the property is
situated unless the judge is disqualified, in which case application
may be made to the judge of the superior court of an adjoining
circuit. Upon proper showing, the judge may order a sale of the
property; and the proceeds shall be reinvested upon the same uses. (b) A sale ordered pursuant to subsection (a) of this Code section
shall operate to pass to the purchaser the entire interest and title
of the beneficiaries in the exempted property and also the entire
interest and title owned, before the exemption was made, by the
party out of whose estate the property was so exempted. (c) The purchaser shall receive the property sold and shall hold the
same, as to all liens thereon against the original debtor and with
the same exemption therefrom, for the same length of time as was
allowed to the original debtor before the sale; and, by consent of
all lien creditors, the liens of such creditors may be divested and
transferred to the newly acquired property by the order of the court
pursuant to subsection (a) of this Code section. (d) An applicant who has obtained an exemption for the spouse, minor
children, or dependents of the debtor may apply for an order of sale
under subsections (a) through (c) of this Code section. All persons
interested shall be parties to the proceeding. (e) The judge of the superior court shall order the entire
proceedings recorded in the minutes by the clerk of the superior
court of the county in which the parties applying for the order of
sale reside and, when land is to be sold, in the county where the
land is located; and the judge shall provide the means and mode of
sale and reinvestment as provided in this Code section. (f) This Code section shall apply to the sale of any real or
personal property set apart under this article. |