Domicile

Question 1

Mini Outline – Domicile

Answer 1

(1) domicile rule
(2) domicile by operation of law
(3) domicile by choice

Question 2

Domicile rule

Answer 2

Each person must have only one domicile; the acquisition of a new domicile extinguishes a former domicile

Question 3

Two kinds of domicile

Answer 3

Domicile by operation of law
Domicile by choice

Question 4

Two kinds of domicile by operation of law

Answer 4

Domicile of minors
Domicile of incompetents

Question 5

Domicile of minors

Answer 5

A minor’s domicile is the same as the domicile of the minor’s parents

Question 6

Minor domicile if parents divorced

Answer 6

If the parents are separated or divorced, the minor’s domicile is that of the parent with whom the minor lives

Question 7

Domicile of incompetents

Answer 7

Persons judged incompetent retain the domicile they had prior to their insanity or incompetence

Question 8

Two elements of domicile by choice

Answer 8

The person’s physical presence in a state, and
The person’s intent to remain indefinitely

Question 9

Proving change in domicile

Answer 9

A person asserting a change in domicile must prove:
* A change in residence to a new state, and
* An intent to make this new state their permanent residence

Question 10

Factors to prove intent to make new state permanent

Answer 10

Owning real estate
Voting
Paying taxes to the state or a town
Having an in-state bank account
Registering an automobile in the state

Question 11

Domicile of married spouses

Answer 11

Married spouses can have separate domiciles