Domicile Flashcards
What is domicile by choice?
Domicile will be whether the person is present with the intent to reman for an unlimited time and when he abandons his prior domicile.
Note: Time can be short for physical presence, as long as it is coupled with the intent to remain.
What is domicile by operation of law?
When individual does not have legal capacity to chose.
Infants= domicile of parents are. Unless, emancipated.
Incompetents = domicile of parents. If had their own domicile before becoming incompetent, that domicile stays.
What is the domicile of corporations?
State where it is incorporated.
What is the rule for continuity of domicile?
Presumed to continue until a new domicile is acquired. Burden is on party who asserts it.
Temporary or prolonged absences, by themselves, will not change domicile
What is the rule for change of domicile?
Takes place when a person with capacity to change his domicile is physically present in a place and intends to make the place his home. Must occur at same time.
