Domicile

Question 1

Concept of Domicile

Answer 1

One’s true, fixed home. Place where home is

Question 2

Role of Domicile

Answer 2

1) choice of law for decedent’s estates

2) subject matter jdx for divorce

Question 3

Determining Domicile: Domicile of Choice

Answer 3

The domicile of a person having legal capacity is the place of the individual’s chosen home. Establishing a new domicile of choice requires simultaneous:

1) physical presence in a place; and
2) Intent to remain for the foreseeable future (indefinitely)

Question 4

Determining Domicile: Domicile by Operation of Law

Answer 4

If a person lacks legal capacity, a domicile will be assigned by operation of law:

1) children are assigned the domicile of their parents
2) incompetents who were incompetent from birth retain the domicile of their parents. People who previously had capacity and established a domicile of choice but later become incompetent are deemed to retain their domicile of choice