Domicile Flashcards

1
Q

What is the general rule re domiciles?

A

Keep old domicile until new domicile perfected

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2
Q

What is domicile by choice?

A

Person w/ domicile capacity acquires domicile when 2 conditions satisfied:
1) physical presence in new domicile; AND
2) intent to remain permanently/indefinitely in new domicile

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3
Q

For domicile by choice, is a fleeting presence in new domicile enough?

A

Yes IF intent clear

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4
Q

What is domicile by operation of law?

A

Individual who lacks domicile capacity is assigned one by law

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5
Q

2 rules for children under domicile by operation of law?

A

1) newborns assigned domicile of their parents
2) when divorce, child assigned domicile of custodial parent

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6
Q

2 rules for incompetents under domicile by operation of law?

A

1) mentally incompetent individual assigned domicile of parents
2) person who becomes incompetent after acquiring domicile by choice retains chosen domicile

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