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2018 Georgia Code 19-2-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-2-6 Case Law from Google Scholar Amendments to OCGA 19-2-6

TITLE 19 DOMESTIC RELATIONS

Section 2. Domicile, 19-2-1 through 19-2-6.

19-2-6. Change of domicile which is dependent on that of another; change of ward's domicile affecting inheritance.

  1. A person whose domicile for any reason is dependent upon that of another cannot effect a change of his own domicile.
  2. A guardian cannot change the domicile of his ward by a change of his own domicile or in any other fashion so as to interfere with the rules of inheritance or succession or otherwise to affect the rights of inheritance of third persons.

(Orig. Code 1863, § 1651; Code 1868, § 1695; Code 1873, § 1696; Code 1882, § 1696; Civil Code 1895, § 1830; Civil Code 1910, § 2187; Code 1933, § 79-407.)

JUDICIAL DECISIONS

Section unconstitutional insofar as it might prevent voting registration.

- The joint operation of former Code 1933, § 79-407 (see O.C.G.A. § 19-2-6) and former Code 1933, § 34-632, insofar as it established an irrebuttable presumption that the domicile and residence of a married woman is that of her husband, and thereby prevents her from registering to vote in Georgia, violates U.S. Const., amend. 19. Kane v. Fortson, 369 F. Supp. 1342 (N.D. Ga. 1973).

Minor has no power to bring about change of domicile. Jackson v. Southern Flour & Grain Co., 146 Ga. 453, 91 S.E. 481 (1917).

Person adjudged insane cannot, by the person's own act or volition, effect change in domicile. Stanfield v. Hursey, 36 Ga. App. 394, 136 S.E. 826 (1927).

Change of domicile by incompetent.

- Whether incompetent may change domicile depends on extent to which reason is impaired; a comparatively slight degree of understanding is required and it is sufficient if the person understands the nature and effect of the person's act. Davis v. Mullis, 296 F. Supp. 1345 (S.D. Ga. 1969).

Cited in Harkins v. Arnold, 46 Ga. 656 (1872); Griffin v. State Farm Mut. Auto. Ins. Co., 129 Ga. App. 179, 199 S.E.2d 101 (1973); Davenport v. Aetna Cas. & Sur. Co., 144 Ga. App. 474, 241 S.E.2d 593 (1978); Wilson v. Willard, 183 Ga. App. 204, 358 S.E.2d 859 (1987).

OPINIONS OF THE ATTORNEY GENERAL

Previous marriage of minor female allows change in her domicile.

- Previous marriage of minor female, with or without parents' consent, not only emancipates her from her parents' control, but also allows a change in her domicile. 1981 Op. Att'y Gen. No. U81-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Domicile, § 37 et seq.

C.J.S.

- 28 C.J.S., Domicile, § 21 et seq. 39 C.J.S., Guardian and Ward, § 14.

ALR.

- Emancipation by parent as affecting right of infant to change domicile or settlement, 5 A.L.R. 949.

Approximation to maturity as affecting the rule that an infant cannot change his domicile, 5 A.L.R. 958.

Domicile of infant on death of both parents; doctrine of natural guardianship, 32 A.L.R.2d 863.

Change of state or national domicile of mental incompetent, 96 A.L.R.2d 1236.

No results found for Georgia Code 19-2-6.