Domicile

Question 1

Domicile for a person may arise in which two ways?

Answer 1

1. By choice, or

2. By operation of law

Question 2

What are the two requirements for domicile by choice?

Answer 2

1. Physical presence

2. Intention to be domiciled

Question 3

If your motive for changing your domicile is illegal/immoral, will that undermine your ability to change your domicile by choice?

Answer 3

Underlying motive is irrelevant. Courts will only focus on intention.

Question 4

“Intention” to change your domicile can be evidenced by what?

Answer 4

Remaining somewhere permanently or indefinitely. Note this can be acquired in a short period of time if both conditions are met.

Question 5

When will domicile by operation of law arise?

State the two classes of person who are likely to fall into this category.

Answer 5

(1) When a person bears a certain incapacity.

(2) Children + mentally incompetent people

Question 6

Under the operation of law, children are assigned which domicile?

Answer 6

New borns are assigned the domicile of their parents

In instances of divorce, children adopt the domicile of their custodial parent until they achieve capacity.

Question 7

Under the operation of law, persons who are mentally incompetent are assigned which domicile?

Answer 7

If an individual had a domicile before they became incompetent, they retain that domicile

If not, they’re assigned the domicile of their parents.

Question 8

A corporation is always domiciled where?

Answer 8

In its state of incorporation.