Domicile

Question 1

Domicile of Choice Test

Answer 1

Rule: Physical presence in that sate; and the intent to remain for the foreseeable future.

• NOTE: Physical presence can be for a very short period of time, just need an intent.

Question 2

Conflicts between acts and conducts

Answer 2

Rule: Actions speak louder than words; what you do counts for more than what you say when intent is concerned.

Question 3

How many domiciles can you have?

Answer 3

Rule: You can only have one domicile. If a person has multiple residences than the primary residence controls.

Question 4

How long is a domicile of choice kept?

Answer 4

Rule: A domicile of choice is kept until another one is acquired.

Question 5

Motive

Answer 5

Rule: The motive for going to another state to acquire a domicile is irrelevant.

Question 6

Domicile by Operation of Law

Answer 6

Rule: If a person has no legal capacity to get a domicile of choice, or is mentally incompetent, and the domicile will be:

• That of the child’s parents;
• If divorced, then it will be the same as the parent who has physical custody; and
• If the person had a valid domicile before becoming incompetent then it will retain the domicile of choice during the incompetency.