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NeCede's

Maxim 1.5.322

Residence establishes domicile.

Incolas domicilium facit.

Source: Wharton, III-137 Difficulty 3/5 — Intermediate

Explanation

A person's actual dwelling place, where he habitually resides with intent to remain, fixes his legal domicile for purposes of jurisdiction, taxation, and civil status.

Where this applies

  • A person who has lived and worked in a state for ten years claims that state as her legal domicile for tax purposes, even though she was originally from another state.
  • A college student votes in the state where he attends school and rents an apartment, arguing that his actual residence there establishes his domicile.
  • A retiree moves to Florida permanently and changes her driver's license and voter registration, establishing Florida as her domicile for purposes of state jurisdiction.

Legal domains

Cite this maxim

NeCede Max. 1.5.322 — Residence establishes domicile. — Wharton, III-137 (Incolas domicilium facit.)

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