2020 Georgia Code
Title 19 - Domestic Relations
Chapter 2 - Domicile
§ 19-2-1. Place of Domicile; How Domicile Changed, Generally

1. The domicile of every person who is of full age and is laboring under no disability is the place where the family of the person permanently resides, if in this state. If a person has no family or if his family does not reside in this state, the place where the person generally lodges shall be considered his domicile.
2. The domicile of a person sui juris may be changed by an actual change of residence with the avowed intention of remaining at the new residence. Declaration of an intention to change one's domicile is ineffectual for that purpose until some act is done in execution of the intention.

(Laws 1838, Cobb's 1851 Digest, p. 530; Code 1863, §§ 1644, 1650; Code 1868, §§ 1689, 1694; Code 1873, §§ 1690, 1695; Code 1882, §§ 1690, 1695; Civil Code 1895, §§ 1824, 1829; Civil Code 1910, §§ 2181, 2186; Code 1933, §§ 79-401, 79-406.)

- For note discussing the constitutional implications of higher nonresident tuition fees charged by state universities, see 8 Ga. St. B.J. 86 (1971).

ANALYSIS

• General Consideration
• Role of Jury
• Application

General Consideration

Applicability of section.

- Law was not intended to apply in determining whether person had lost domicile acquired in this state and has become domiciled in some other state. Williams v. Williams, 191 Ga. 437, 12 S.E.2d 352 (1940).

- Law required both act and intent to establish residence, and either without the other was insufficient. Bufford v. Bufford, 223 Ga. 133, 153 S.E.2d 718 (1967).

- Domicile of man having family was place where family shall permanently reside, if in this state. Grimaud v. Knox-Georgia Homes, Inc., 210 Ga. 514, 81 S.E.2d 476 (1954).

- No definition of the word "family" as used in the law would be satisfactory that does not convey the idea of unity of the household in which were gathered the members of the family as one collective body under the management or control of the head thereof. Forlaw v. Augusta Naval Stores Co., 124 Ga. 261, 52 S.E. 898 (1905).

Meaning of the word "family" is not necessarily identical with the meaning of the same word as used in the homestead and exemption laws, and there was a still further variation from the meaning in criminal laws and police regulations. Forlaw v. Augusta Naval Stores Co., 124 Ga. 261, 52 S.E. 898 (1905).

- Word "permanently" is used in these provisions in contradistinction from the word "temporarily." Alvaton Mercantile Co. v. Caldwell, 34 Ga. App. 151, 128 S.E. 781 (1925); Grimaud v. Knox-Georgia Homes, Inc., 210 Ga. 514, 81 S.E.2d 476 (1954).

"Residence" and "domicile" were not synonymous and convertible terms. Worsham v. Ligon, 144 Ga. 707, 87 S.E. 1025 (1916); Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930); Bass v. Bass, 222 Ga. 378, 149 S.E.2d 818 (1966); Pugh v. Jones, 131 Ga. App. 600, 206 S.E.2d 650 (1974).

Trial court erred in finding that venue was proper in Effingham County, Georgia because the defendant, who maintained residences in both Effingham County and Chatham County, Georgia, was domiciled in Chatham County. Oglesby v. Deal, 311 Ga. App. 622, 716 S.E.2d 749 (2011).

"Domicile," unlike "residence," means permanent place of abode, whereas "residence" is not necessarily permanent, and may be at some place other than the place of domicile. Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930).

- There must be concurrence of actual residence and intention to remain to acquire domicile. Forlaw v. Augusta Naval Stores Co., 124 Ga. 261, 52 S.E. 898 (1905); Worsham v. Ligon, 144 Ga. 707, 87 S.E. 1025 (1916); Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930); Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981).

- In order to change a person's domicile, a person must actually remove to another place with a present intention of remaining there as that person's place of domicile, or having removed, avow that person's intention of remaining there as the person's place of domicile, but such avowal may be proved by express declaration or acts equivalent thereto. Worsham v. Ligon, 144 Ga. 707, 87 S.E. 1025 (1916); Bass v. Bass, 222 Ga. 378, 149 S.E.2d 818 (1966).

For a person to change that person's domicile, it is essential that the person should have a bona fide intent to make the change. In addition, the person must also declare an intent to change the person's domicile and do some act in execution of such intent. Brandt v. Buckley, 147 Ga. 389, 94 S.E. 233 (1917).

To effect a change of domicile there must be an avowed intent, which may be shown by declarations or acts equivalent thereto, and an actual removal. Bellamy v. Bellamy, 187 Ga. 804, 2 S.E.2d 413 (1939).

Person may have several residences, but only one domicile. Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930).

- As to a person sui juris, the matter of making a change in domicile is one involving the exercise of volition and choice. Stanfield v. Hursey, 36 Ga. App. 394, 136 S.E. 826 (1927).

There must be either tacit or explicit intention to change one's domicile before there is a change of legal residence. Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981).

- When an individual travels away from that individual's domicile for a time, it is immaterial whether such a stay is for one month or any number of months, provided it does not become so extended that it could be reasonably inferred that there is an actual intention to make a change of domicile. Venable v. Long Realty Co., 46 Ga. App. 803, 169 S.E. 322 (1933).

- See Bush v. State, 10 Ga. App. 544, 73 S.E. 697 (1912).

Rules stated in this section determine where suit should be instituted. Daniel v. Sullivan, 46 Ga. 277 (1872).

- Domicile or legal residence for the purpose of action exists when there has been a concurrence of an actual residence and an intention to remain there permanently, which intention may be proved by acts. Mayo v. Ivan Allen-Marshall Co., 51 Ga. App. 250, 180 S.E. 20 (1935).

One's legal residence for purpose of being sued was necessarily the same county as the person's domicile where domicile was determined by this statute. Pugh v. Jones, 131 Ga. App. 600, 206 S.E.2d 650 (1974).

Question of domicile is mixed question of law and fact, and is ordinarily one for jury and should not be determined by the court as a matter of law except in plain and palpable cases. Williams v. Williams, 226 Ga. 734, 177 S.E.2d 481 (1970); Pugh v. Jones, 131 Ga. App. 600, 206 S.E.2d 650 (1974); Milton v. Wilkes, 152 Ga. App. 362, 262 S.E.2d 624 (1979).

Question of bona fides of intent to change domicile is one for jury determination. Brandt v. Buckley, 147 Ga. 389, 94 S.E. 233 (1917).

Residence was a question of fact to be determined by the jury, so far as it involves ascertainment of the intention of the party. Jordan v. Carter, 60 Ga. 443 (1878); Battle v. Braswell, 107 Ga. 128, 32 S.E. 838 (1899); Forlaw v. Augusta Naval Stores Co., 124 Ga. 261, 52 S.E. 898 (1905); Mims v. Jones, 135 Ga. 541, 69 S.E. 824 (1910); Smith v. Smith, 136 Ga. 197, 71 S.E. 158 (1911).

- Whether defendant was liable to suit as resident was question for jury. Jordan v. Carter, 60 Ga. 443 (1878).

Question of domicile may be withdrawn from jury only if the evidence demands a finding that there has not been a change of domicile. Milton v. Wilkes, 152 Ga. App. 362, 262 S.E.2d 624 (1979).

Application

Change of domicile not shown.

- Trial court did not err when the court denied the father's motion to move a child custody action from Gwinnett County to DeKalb County because the father had not proved domicile in DeKalb County; while the father testified that the father moved to DeKalb County, the father's driver's license showed a Gwinnett County address eight months later and the father had not notified the father's homeowner's insurance company or the Internal Revenue Service of the move. Goyal v. Fifadara, 324 Ga. App. 567, 751 S.E.2d 190 (2013).

- Trial court's finding that a wife was not a resident of DeKalb County, Georgia, and its order dismissing her DeKalb County divorce case were affirmed where the parties had sold their home in Georgia six months before the divorce was filed, and the wife's tax forms stated that she did not maintain a home in the United States, but rather that her bona fide residence was in South Africa; although the wife claimed that she intended to return to DeKalb County, the trial court properly applied the principle that the testimony of a party who offered herself as a witness in her own behalf at trial was to be construed most strongly against her when it was self-contradictory, vague, or equivocal. Conrad v. Conrad, 278 Ga. 107, 597 S.E.2d 369 (2004).

Person's domicile is not changed merely by the person's enlistment in Army and that person's transfer or assignment by military order to another jurisdiction. Squire v. Vazquez, 52 Ga. App. 712, 184 S.E. 629 (1936).

Father did not reside in Georgia for purposes of recording and modifying an Alabama child support order under O.C.G.A. § 19-11-172(a) of the Uniform Interstate Family Support Act, O.C.G.A. § 19-11-100 et seq., because while the father had been stationed in Georgia in the Army, the father was registered to vote in Alabama, had a driver's license there, and lived in Alabama with his wife, two sons, and his father; thus, the father was domiciled in Alabama for the purposes of O.C.G.A. § 19-2-1. Kean v. Marshall, 294 Ga. App. 459, 669 S.E.2d 463 (2008).

- It is as competent for a soldier to abandon the soldier's domicile or residence and acquire a new one as it is for any other citizen to do so. Engram v. Faircloth, 205 Ga. 577, 54 S.E.2d 598 (1949); Smiley v. Davenport, 139 Ga. App. 753, 229 S.E.2d 489 (1976).

- Person's domicile is not changed merely by the person's transference to a mental hospital located in another jurisdiction, nor by an adjudication of a court of competent jurisdiction that the person is of unsound mind, remanding the person to a hospital for the insane, nor is the person's domicile changed by the appointment of a guardian for the person's estate. Squire v. Vazquez, 52 Ga. App. 712, 184 S.E. 629 (1936).

- Person who is mentally incompetent and who moves from one place to another may lack the mental capacity to change his or her domicile. Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981).

- When a single person boards and lodges four nights in the week in a certain district for the purpose of teaching school such district will constitute the person's residence. Hinton v. Lindsay, 20 Ga. 746 (1856).

- Change of domicile is not effected by a person fleeing from the state after wounding another when the person's family continues to live in the former state. Barrett & Williford v. Black, Cobb & Co., 25 Ga. 151 (1858).

Domicile of convict sent to a penitentiary in a county other than that of the convict's domicile is not changed by this reason. Barton v. Barton, 74 Ga. 761 (1885).

- When a man has a family but has abandoned the family, the man's residence must be determined under the latter part of the section, namely, that pertaining to persons with no family. Gilmer v. Gilmer, 32 Ga. 685 (1861); Smith v. Smith, 136 Ga. 197, 71 S.E. 158 (1911).

- Wife cannot, in the absence of the husband, and without his consent, change the family residence so as to change the husband's venue. Sindall v. H.C. Thacker & Co., 56 Ga. 51 (1876).

- Mere pendency of a suit for divorce in another state, which was dismissed only a short time before the filing of a suit for divorce in this state, does not disprove the positive testimony of the plaintiff that the plaintiff had been a bona fide resident of this state for 12 months prior to the filing of the plaintiff's suit. Bellamy v. Bellamy, 187 Ga. 804, 2 S.E.2d 413 (1939).

- When the husband had lived with the wife in the county in which a suit for divorce and alimony was filed and took an apartment in another county upon their separation which he disavowed as his domicile, he did not abandon the former county as his domicile. Smith v. Smith, 223 Ga. 551, 156 S.E.2d 916 (1967).

In a family violence case in which the respondent has left the family home but has not avowed an intention to remain in that new location, venue is proper both in the county of the family's residence and in the county to which the respondent has relocated. Davis-Redding v. Redding, 246 Ga. App. 792, 542 S.E.2d 197 (2000).

- Man having a permanent residence in one county does not lose such residence by accepting a contract in another county, and renting a house in the latter county to which he moved his family, when it is not his intention to abandon his former domicile in the county first referred to. Knight v. Bond, 112 Ga. 828, 38 S.E. 206 (1901).

- Fact that defendant removed to another county and there rented a house did not constitute a change of domicile since the removal was for the purpose of educating children, the former home was maintained, the incidents of citizenship there discharged, and there was at no time an intention to provide a fixed place of abode in the place of removal, or to there establish permanent residence. Alvaton Mercantile Co. v. Caldwell, 34 Ga. App. 151, 128 S.E. 781 (1925).

- If a person leaves the place of the person's domicile temporarily, or for a particular purpose, and does not actually remove to another place with the intention of remaining there indefinitely, the person will not be considered as having changed the person's legal residence. Venable v. Long Realty Co., 46 Ga. App. 803, 169 S.E. 322 (1933); Smith v. Smith, 223 Ga. 551, 156 S.E.2d 916 (1967).

Temporary absence from county by man who has no family does not operate to change domicile. Bellamy v. Bellamy, 187 Ga. 804, 2 S.E.2d 413 (1939).

- Decision granting a father guardianship of an adult autistic son was supported by sufficient evidence based on the son's desire to change domicile to the father's home, the son's desire to engage in more activities while at the father's home, as well as the testimony of the attorney appointed for the son, who indicated that while the son undoubtedly faced certain challenges due to autism, the son was not so mentally impaired to lack capacity to choose Georgia as the son's domicile. In the Interest of M. P., 338 Ga. App. 696, 791 S.E.2d 592 (2016).

Cited in Smith v. Ellabelle-Eldora School Dist., 40 Ga. App. 561, 150 S.E. 454 (1929); Cunningham v. Spurway, 50 Ga. App. 550, 178 S.E. 762 (1935); Mayo v. Ivan Allen-Marshall Co., 51 Ga. App. 250, 180 S.E. 20 (1935); Bellamy v. Bellamy, 187 Ga. 56, 199 S.E. 745 (1938); Adams v. Adams, 191 Ga. 537, 13 S.E.2d 173 (1941); Stewart v. Stewart, 195 Ga. 460, 24 S.E.2d 672 (1943); Foster v. Foster, 207 Ga. 519, 63 S.E.2d 318 (1951); Patterson v. Patterson, 208 Ga. 7, 64 S.E.2d 441 (1951); Sikes v. Sims, 212 Ga. 391, 93 S.E.2d 6 (1956); Stanton v. Stanton, 213 Ga. 545, 100 S.E.2d 289 (1957); Allen v. McDermott, 110 Ga. App. 536, 139 S.E.2d 143 (1964); Odom v. Beard, 114 Ga. App. 364, 151 S.E.2d 468 (1966); Davis v. Mullis, 296 F. Supp. 1345 (S.D. Ga. 1969); Brady v. Stephenson, 227 Ga. 461, 181 S.E.2d 387 (1971); Clark v. Hammock, 228 Ga. 157, 184 S.E.2d 581 (1971); Hatcher v. Hatcher, 229 Ga. 249, 190 S.E.2d 533 (1972); Midkiff v. Midkiff, 275 Ga. 136, 562 S.E.2d 177 (2002); Sastre v. McDaniel, 293 Ga. App. 671, 667 S.E.2d 896 (2008).

Domicile is broader and more fundamental concept than mere residence. 1958-59 Op. Att'y Gen. p. 91.

Domicile means one's fixed and permanent place of abode, to which, when one is absent therefrom, one intends to return. 1958-59 Op. Att'y Gen. p. 91; 1963-65 Op. Att'y Gen. p. 375.

Person's domicile is principally question of intent; one acquires domicile by residing in a particular place with the intention of remaining there indefinitely; taking up temporary residence in other places, even for long periods of time, will not result in loss of one's domicile as long as the intent to return prevails. 1962 Op. Att'y Gen. p. 144.

- Residence means living in a particular locality; domicile means living in that locality with the intent to make it a fixed and permanent home. Residence requires only physical presence as an inhabitant in a given place, while domicile requires presence in that place as well as an intention to make it a domicile. A new domicile cannot be acquired simply by change of residence without an intention to abandon the old domicile. A person may continue to be domiciled in this state even though actually residing in another state. 1965-66 Op. Att'y Gen. No. 65-22.

One cannot change domicile by merely assuming residence in new location without intention to remain there; physical presence in the new location must coexist with the requisite intention to remain there. 1958-59 Op. Att'y Gen. p. 91; 1963-65 Op. Att'y Gen. p. 375.

- In order to change one's domicile it is necessary that one move from one's old domicile and become a resident in the proposed new domicile with the intention to remain there permanently or at least indefinitely. 1958-59 Op. Att'y Gen. p. 91.

- Person, having established domicile within this state, will retain the person's domicile here until the person officially establishes domicile in another state. 1976 Op. Att'y Gen. No. 76-70.

- Temporary residence of a person with the person's family in another county while the person was performing a contract in that county does not result in a change of domicile. 1958-59 Op. Att'y Gen. p. 92.

- While it is provided that the domicile of a married man shall be the place where his family resides, the wife or the wife and family may, for purposes of temporary convenience or for the purpose of educating the children, reside for a long time at a place not intended as a permanent abode, without effecting any change of legal residence; this for the reason that while there is a physical removal, there was never, on the part of those who moved, an intention to abandon a former domicile. 1958-59 Op. Att'y Gen. p. 92.

One may have two or more residences at same time, but every person has but one domicile. 1958-59 Op. Att'y Gen. p. 91.

- Fact that a candidate's land extends into a district is immaterial; in order to qualify as a candidate from that district, one's house must be within the boundaries of that district and one must be physically present in that district. 1968 Op. Att'y Gen. No. 68-273.

Members of armed forces never lose their domicile merely by joining service, and in response to military orders, moving about from state to state or abroad; they retain the domicile they held at the time they entered the service, unless they indicate that it is their intention to remove their domicile to some other state in which they are residing. 1958-59 Op. Att'y Gen. p. 91.

While a person in military service may change the person's domicile, the mere enlistment in the armed forces and transfer by military order does not necessarily change the domicile. 1965-66 Op. Att'y Gen. No. 65-22.

- That a legal resident of a county is absent from the county in the military service of the United States for a long period of time with no intent to change the person's residence does not effect a change. 1945-47 Op. Att'y Gen. p. 478.

- If one moved to Georgia with intention of remaining when returning from military, one may consider Georgia one's domicile. 1965-66 Op. Att'y Gen. No. 66-190.

Noncitizens of United States may acquire domicile in Georgia for purposes of attending state supported college or university. 1960-61 Op. Att'y Gen. p. 128.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Domicile, §§ 1, 19 et seq.

Nonestablishment of Domicil in Foreign Jurisdiction, 4 POF2d 595.

Establishment of Person's Domicil, 39 POF2d 587.

- 28 C.J.S., Domicil, §§ 2, 15 et seq.

- Acquisition of domicile in countries (such as China, Turkey, and Egypt) granting extraterritorial privileges to foreigners, 39 A.L.R. 1155.

Significance of place where one votes or registers to vote on question as to his domicile or residence for other purposes, 107 A.L.R. 448.

Change of domicile by public officer or employee, 129 A.L.R. 1382.

Residence or domicile for purposes of venue statute of student, teacher, or inmate of institution, 132 A.L.R. 509.

Domicile or residence of person in the armed forces, 150 A.L.R. 1468; 151 A.L.R. 1465; 152 A.L.R. 1462; 153 A.L.R. 1434; 154 A.L.R. 1460; 155 A.L.R. 1461; 156 A.L.R. 1459; 157 A.L.R. 1457; 158 A.L.R. 1464.

Effect on jurisdiction of court to grant divorce, of plaintiff's change of residence pendente lite, 7 A.L.R.2d 1414.

Acquisition of domicile by sending wife or family to new home, 31 A.L.R.2d 775.

Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-of-state students in public college, 56 A.L.R.3d 641.