Domicile

Question 1

Domicile by choice

Answer 1

A person acquires domicile by choice if she:

(1) Abandons her previous domicile;
(2) Establishes a physical presence in the chosen domicile; and
(3) Has an intent to remain there for an indefinite time.

Question 2

Domicile by choice: relevant facts

Answer 2

Domicile by choice is shown by a person’s actions and statements taken as a whole.

Relevant facts include owning real estate, voting, paying taxes, setting up a bank account, and registering a vehicle.

Question 3

Domicile by law

Answer 3

Domicile by law applies for people who do not have the legal capacity to choose their domicile.

Children take the domicile of their parents—or the domicile of the custodial parent if the parents are in different states.

Emancipated minors can choose their own domiciles.

Question 4

Continuity

Answer 4

Once established, a domicile is presumed to continue until a new domicile is acquired—i.e., a domiciliary of one state can live in another state for years and retain her domiciliary in the original state, so long as she intends to return.