Domicile Flashcards
How may domicile arise?
By choice or operation of law
Wha are the requirements for domicile by choice?
Domicile by choice requires an individual with domicile capacity to have (1) physical presence and (2) intention to be domiciled (indefinitely and permanently). These are questions of fact.
How does an individual change domicile by choice?
She retains the old domicile until perfection of the two part test somewhere else.
When does domicile arise by operation of law?
When an individual who lacks domicile capacity is assigned one by law
Where is a child’s domicile?
It follows those of their custodial parents. A minor establishes separate domicile by emancipation or marriage.
Where is an incompetent’s domicile?
They retain the domicile of their parents or, if they previously had capacity and chose a domicile, they retain the domicile of their choice.
Where is a corporation’s domicile?
State of incorporation.
