Domicile

Question 1

How many domiciles can a person have?

Answer 1

Each person must have only ONE domicile; acquisition of a new domicile extinguishes a former domicile.

Question 2

Where is a minor’s domicile?

Answer 2

A minor’s domicile is the same as their parents.

If parents are separated or divorced, minor’s domicile is that of the parent with whom the minor lies.

Question 3

Where is the domicile of a person who has been judged incompetent?

Answer 3

Persons judged incompetent retain the domicile they had prior to their insanity.

Question 4

How is a person’s domicile usually determined?

Answer 4

Generally, a person’s domicile is determined by:

+ person’s physical presence in a state

AND

+ person’s intent to remain indefinitely

Married spouses can have separate domiciles.

Question 5

What must a person prove to assert a change in domicile?

Answer 5

A person asserting a change in domicile must prove:

+ a change in residence to a new state, AND

+ an intent to make this new state their permanent residence