Domicile Flashcards
What is the general rule re domiciles?
Keep old domicile until new domicile perfected
What is domicile by choice?
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
For domicile by choice, is a fleeting presence in new domicile enough?
Yes IF intent clear
What is domicile by operation of law?
Individual who lacks domicile capacity is assigned one by law
2 rules for children under domicile by operation of law?
1) newborns assigned domicile of their parents
2) when divorce, child assigned domicile of custodial parent
2 rules for incompetents under domicile by operation of law?
1) mentally incompetent individual assigned domicile of parents
2) person who becomes incompetent after acquiring domicile by choice retains chosen domicile