Domicile Flashcards
Domicile by Choice
Rule: an individual with domicile capacity acquires a domicile when two conditions are met:
1. physical presence in the new domicile; and
2. intent to remain permanently in the new domicile
domicile by operation of law
rule: an individual who lacks domicile capacity is assigned one by law
Newborn Domicile
Rule: newborns are assigned the domicile of their parents
Children of Divorce Domicile
Rule: in cases of divorce, children are assigned the domicile of their custodial parent
Mentally Incompetent’s Domicile
Rule: an individual who is mentally incompetent is assigned the domicile of their parents
After-Acquired Mental Incompetence and Domicile
rule: if an individual becomes incompetent after acquiring a domicile by choice, they retain the chosen domicile