§ 19-2-2.Election between two or more domiciles; domicile of transients
Chapter 2. Domicile · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-2-2
Plain-English Summary
Some people split their lives between homes — a house in one county and a lake place in another, or an apartment near work and a family farm. This section tells the law which one counts as domicile, and it focuses on how other people dealing with that person can treat it.
Subsection (a) gives a person who resides “indifferently” at two or more places in Georgia the privilege of electing which is the domicile. If the choice is made known generally among the people the person does business with in Georgia, the chosen place is the domicile. If no choice is made, or the choice isn’t generally known among those business contacts, third persons may treat any one of the places as the domicile, and courts will hold it so. And in all such cases, the section adds, a person who habitually lives part of the year in one county and part in another is deemed a resident of both — but only so far as to be sued in either county for contracts made or torts committed in that county.
Subsection (b) covers transients: people whose business or pleasure causes a frequent change of residence and who have no family permanently residing at one place in Georgia. As to third persons, they are deemed domiciled wherever they are temporarily staying at the time.
This section builds on § 19-2-1, which sets the general rule that an adult’s domicile is where the family permanently resides or, failing that, where the person generally lodges.
Frequently Asked Questions
I have homes in two Georgia counties. Which one is my domicile?
You get to choose. If you reside indifferently at two or more places in Georgia, this section gives you the privilege of electing which is your domicile. For the choice to settle the question, it must be made known generally among the people you do business with in Georgia. If you never choose, or your choice isn’t generally known, third persons may treat any of your homes as your domicile.
Can I be sued in either county if I split my year between two Georgia homes?
For some claims, yes. A person who habitually resides part of the year in one county and part in another is deemed a resident of both — but only so far as to be subject to actions in either county for contracts made or torts committed in that county. The section limits this rule to those contract and tort claims tied to the county.
How do I make my choice of domicile count in Georgia?
Make it known generally among the people you transact business with in Georgia. The section says that when the election is made known that way, the place chosen is your domicile. If your choice is private or not generally known among your business contacts, third persons may treat any of your residences as your domicile, and it will be held so.
What is the domicile of someone who travels constantly and has no fixed home in Georgia?
Under subsection (b), a transient person — someone whose business or pleasure causes a frequent change of residence and who has no family permanently residing at one place in Georgia — is deemed, as to third persons, domiciled wherever they are temporarily staying at the time. Both conditions matter: frequent moves and no family permanently residing at one place in the state.
Does this section apply to homes outside Georgia?
The election rule in subsection (a) speaks of a person who resides at two or more places “in this state,” and the business contacts it refers to are those in Georgia. It doesn’t set a rule for choosing between a Georgia home and one in another state. The general rule in § 19-2-1 — family residence, or where you generally lodge — remains the starting point.
Amendment History
Formerly Code 1863, § 1645; Code 1868, § 1690; Code 1873, § 1691; Code 1882, § 1691; Civil Code 1895, § 1825; Civil Code 1910, § 2182; Code 1933, § 79-402.