Equity may appoint receivers to take possession of and protect trust or joint property and funds whenever the danger of destruction and loss shall require such interference.
§ 9-8-2.Appointment of receiver — To protect trust or joint property
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-8-2 lets Georgia courts sitting in equity appoint a receiver to take possession of and protect trust property or jointly owned property and funds whenever the danger of destruction or loss makes that kind of intervention necessary to prevent harm.
Full Text of § 9-8-2
Plain-English Summary
This section gives courts equitable authority — separate from the general grounds in the section before it — to appoint a receiver specifically for trust property and jointly held property or funds. Trust assets and joint assets share a common vulnerability: no single person has full, unchecked control, so disputes among beneficiaries or co-owners can leave the property unmanaged or exposed to waste.
The trigger for appointment here is danger of destruction or loss. A court doesn’t need proof that harm has already occurred — it needs a showing that the risk is real enough to justify stepping in before the property or fund suffers damage that can’t be undone later.
Once appointed under this ground, the receiver’s job is to take possession and protect the property, preserving it while the underlying trust or ownership dispute plays out, rather than selling it off or distributing it.
Frequently Asked Questions
What kinds of property does this section address?
It addresses trust property and joint property or funds — assets held in trust or owned jointly by more than one person.
What must a court find before appointing a receiver under this section?
The court must find that the danger of destruction and loss of the trust or joint property requires that kind of interference.
Who has authority to appoint the receiver under this section?
The text states that equity may appoint the receiver, meaning the court acts in its equitable capacity.
Does the property have to already be damaged before a receiver can be appointed?
No. The section speaks of the danger of destruction and loss, so a showing of risk is enough — actual damage doesn’t need to have occurred yet.
Is this section limited to trust property, or does it cover other joint ownership too?
It covers both. The text names trust or joint property and funds, so property jointly owned outside a trust relationship falls within its reach as well.
Amendment History
Orig. Code 1863, § 3031; Code 1868, § 3043; Code 1873, § 3098; Code 1882, § 3098; Civil Code 1895, § 4901; Civil Code 1910, § 5476; Code 1933, § 55-302.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia receiver trust propertyjoint property receiver georgiaequity appointment receiver georgiaprotecting trust assets receivership danger of loss