5 - domicile

Question 1

Domicile

Answer 1

Concept
Role
Determining domicile

Question 2

Domicile - concept

Answer 2

domicile - concept: One’s true, fixed home

Question 3

Domicile - role

Answer 3

Domicile serves many purposes and may appear on the exam in several ways

1. CoL for decedent’s estate
2. SMJ for divorce
3. PJ - see civ pro

Question 4

Domicile - role

CoL for decedent’s estate

Answer 4

Law of decedent’s estate governs passage of personal property whether by will or intestacy.

Question 5

Domicile - role

SMJ for divorce

Answer 5

Obtaining domicile in another state for divorce.

But that court may lack PJ to order a property settlement, alimony, or child support.

Question 6

Domicile - determining domicile

Answer 6

domicile of choice

domicile by operation of law

Question 7

Domicile - determining domicile

domicile of choice

Answer 7

The domicile of a person having legal capacity is the place of the individual’s chosen home.
Requirements - Establishing a new domicile of choice requires simultaneous 1) physical presence in a place and 2) intent to remain for the foreseeable future

Question 8

Domicile - determining domicile

domicile by operation of law

Answer 8

If a person lacks legal capacity, a domicile will be assigned by operation of law.

1. Children are assigned the domicile of their custodial parent(s).
2. Incompetents who were incompetent from birth retain the domicile of their parents.
3. People who previously had capacity and established a domicile of choice but later became incompetent are deemed to retain their domicile of choice.