Domicile

Question 1

How many domiciles can an individual have at a time?

Answer 1

Only one at a time

Question 2

How does domicile by choice work?

Answer 2

It’s where the person is present with the intent to remain for an unlimited time
-> requires actual physical presence
-> person must demonstrate intent to remain in the location

Question 3

How is intent to remain in a location determined?

Answer 3

Determined in the following ways
-> ownership of real estate
-> voting
-> payment of taxes
-> having a bank account
OR
-> registration of an automobile

Question 4

When does domicile by operation of law occur?

What is the domicile of infants?

What is the domicile of incompetents?

Answer 4

Occurs when an individual does not have legal capacity to chose a domicile.

Infants
-> domiciled where the custodial parents are domiciled
-> an emancipated infant may establish her own domicile

Incompetents
-> a person lacking mental legal capacity to chose a domicile retains her parents’ domicile
-> if the person chose a domicile while competent, that domicile will continue after the person becomes incompetent

Question 5

What is the domicile of corporations?

Answer 5

always the state in which it is incorporated

Question 6

How long does continuity of domicile last?

Who has the burden of showing a change in domicile?

Answer 6

Presumed to continue until a new domicile is acquired.

The burden of showing a change in domicile is on the party that asserts it.

Question 7

When does a change in domicile happen?

Answer 7

Takes place when a person with capacity to change her domicile is physically present in an apace AND intends to make that place home.