Definition
A change of abode is the act of permanently relocating one's place of residence with no intention of returning to the former residence. The concept is closely tied to legal domicile: when a person moves to a new place and abandons the old one as a home base, the change of abode may establish or alter domicile for purposes of jurisdiction, citizenship, service of process, and related legal consequences.
The key operative element is the absence of intent to return. A temporary relocation — for work, health, or convenience — does not constitute a change of abode in the legal sense. The physical move must be accompanied by the mental element of treating the new location as one's fixed and permanent home.
Common Language
Modern common usage (Wiktionary): "Change of abode" has no independent entry in Wiktionary; "abode" is defined as a place where one lives; a residence or home.
Historical common usage (Webster's 1913): "Abode" — place of continuance, or the place or country in which one dwells; a habitation; residence.
The common meaning and legal meaning align closely in ordinary usage, but the legal application carries a heavier burden. In law, a change of abode is not simply moving — it imports a conclusion about intent and permanence that can trigger or defeat jurisdiction, determine venue, affect domicile for tax or probate purposes, and establish diversity citizenship in federal litigation. The casual sense of "I moved" does not carry those consequences; the legal sense does.
Why It Matters in Research
The primary research significance of change of abode lies in its relationship to federal diversity jurisdiction and domicile. Bouvier's entry, brief as it is, points directly to this: the motive for the change is legally irrelevant once the party has moved with no intent to return. This is a significant navigational cue. Researchers examining historical cases on diversity citizenship — particularly disputes over whether a party was a citizen of one state or another for purposes of federal court access — will find change of abode treated as the operative factual trigger.
In historical sources, the term often appears in service-of-process materials, where courts had to determine whether a defendant had left a jurisdiction permanently (change of abode) or was merely absent temporarily. These two situations produce very different procedural results, and earlier treatises and cases used "change of abode" to mark the permanent departure line. Researchers working in probate or conflict-of-laws materials will also encounter the phrase in domicile disputes: a decedent's change of abode near the end of life is frequently litigated to determine which state's law governs the estate.
Modern legal writing more commonly uses "change of domicile" or "change of residence," which can make historical sources harder to retrieve by keyword. Researchers should run both "change of abode" and "change of domicile" to avoid missing relevant historical authority.
Historical Dictionary Support
Bouvier's Law Dictionary offers a concise but useful entry. It states that where a party changes abode with no intention of returning, the motive for the move is immaterial — the change suffices to create the citizenship necessary to sue in federal court. The entry's citation to 232 U.S. 619 grounds the proposition in Supreme Court authority, confirming that even a move motivated by the desire to manufacture federal jurisdiction does not defeat diversity citizenship if the intent to remain is genuine.
Bouvier's treatment is consistent with the classical understanding: domicile follows the last place of fixed abode with intent to remain indefinitely. What the historical dictionaries largely omit is any systematic treatment of edge cases — seasonal residences, persons with multiple homes, or the distinction between change of abode and mere absence. Modern case law and restatement principles have developed these edges considerably, and researchers relying solely on Bouvier's will need to supplement with later authority to address those situations.
Jurisdictional Note
The concept operates differently depending on context. For federal diversity jurisdiction, change of abode is assessed at the time of filing suit, and state citizenship follows domicile. For state probate, service of process, and voter registration purposes, each state may apply its own standard for what constitutes a sufficient change of abode. The underlying principle — permanence of intent — is consistent across jurisdictions, but the evidentiary showing required can vary.