2021 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 1 - General Provisions
§ 19-3-8. Interspousal Tort Immunity Continued

Universal Citation: GA Code § 19-3-8 (2021)

Interspousal tort immunity, as it existed immediately prior to July 1, 1983, shall continue to exist on and after July 1, 1983.

(Orig. Code 1863, § 1700; Code 1868, § 1743; Code 1873, § 1753; Code 1882, § 1753; Civil Code 1895, § 2473; Civil Code 1910, § 2992; Code 1933, § 53-501; Ga. L. 1983, p. 1309, § 1; Ga. L. 1984, p. 22, § 19.)

Law reviews.

- For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985). For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986). For article, "Interspousal Tort Immunity in America," see 23 Ga. L. Rev. 359 (1989). For annual survey article on tort law, see 50 Mercer L. Rev. 335 (1998). For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004). For note, "Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers," see 51 Ga. L. Rev. 879 (2017). For note, "Piercing the Marital Veil: Interspousal Tort Immunity After Harris v. Harris," see 36 Mercer L. Rev. 1013 (1985).



  • General Consideration


Am. Jur. 2d.

- 41 Am. Jur. 2d, Husband and Wife, § 236 et seq.


- 41 C.J.S., Husband and Wife, §§ 204, 205.


- Right of wife to exclude husband from possession, use, or enjoyment of family residence or homestead owned by her, 21 A.L.R. 745.

Wife's right to reimbursement by husband for expenditures for support and maintenance of herself or family made while they were living together in the marriage relation, 101 A.L.R. 442.

Presumption of ownership of personal property as between husband and wife, 111 A.L.R. 1374.

Liability of married woman or her estate for fees of real estate broker, 117 A.L.R. 752.

Renewal by one spouse without the other's participation, of lien on homestead, 143 A.L.R. 1369.

Power of either spouse, without consent of other, to make gift of community property or funds to third party, 17 A.L.R.2d 1118.

Woman's right to have abortion without consent of, or against objections of, child's father, 62 A.L.R.3d 1097.

Validity of verdict or verdicts by same jury in personal injury action awarding damages to injured spouse but denying recovery to other spouse seeking collateral damages, or vice versa, 66 A.L.R.3d 472.

Right of married woman to use maiden surname, 67 A.L.R.3d 1266.

Domicile for state tax purposes of wife living apart from husband, 82 A.L.R.3d 1274.

Right of liability insurer or uninsured motorist insurer to invoke defense based on insured's tort immunity arising out of marital or other close family relationship to injured party, 36 A.L.R.4th 747.

Joinder of tort actions between spouses with proceeding for dissolution of marriage, 4 A.L.R.5th 972.

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