Domicile Flashcards
What is needed to establish domicile of choice? What is the standard and the two-part test?
Legal capacity is needed to make a domicile of
choice.
The standard: the ability to fend for yourself.
Two-part test to establish a domicile of choice:
- Physical presence in that state.
- The intent to remain for the foreseeable future, that is, indefinitely.
These are factual issues; discuss them in relation to the facts given.
Physical presence can be for a very short time and still satisfy the requirement.
Do words or actions carry more weight when determining where one is domiciled?
Actions speak louder than words;
What you do counts for more than what you say when intent is concerned.
How many places can a person be domiciled?
A person can have only one domicile; if a person has multiple residences the primary one is considered that person’s domicile.
How long does a person obtain his domicile of choice? Is the motive for going to another state relevant?
Once obtained, a domicile of choice is kept until another one is acquired.
The motive for going to another state to acquire a domicile is irrelevant.
What happens if a person lacks the legal capacity to acquire a domicile of choice? What are two key situations where this applies?
If a person has no legal capacity to acquire a domicile of choice that person will be assigned one by operation of law.
Key situations: domicile of a child or mental incompetent.
If a person lacks capacity, how do you determine where is she domiciled? (Three rules)
- If a person does not have legal capacity to get a domicile of choice, the child or mental incompetent will have the domicile of that person’s parents.
- If parents are divorced, domicile is that of the parent who has physical custody.
- If a person had a validly acquired domicile before becoming mentally incompetent, that person will retain the domicile of choice during the period of incompetency.
