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NeCede's

Maxim 4.1.20

A wife follows the domicile of her husband.

Source: Tray. Lat. Max. 606; Weisman, 79h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A married woman's legal domicile follows that of her husband — this common-law rule determined jurisdiction, venue, and voting rights, and is still cited in domicile disputes under traditional choice-of-law analysis.

Where this applies

  • A husband moves from New York to Texas for work, and a court determines that his wife's legal domicile automatically follows his, affecting which state has jurisdiction over their affairs.
  • A wife files for divorce in her home state, but the husband argues the court lacks jurisdiction because her legal domicile follows his in another state under common-law tradition.
  • A couple disagrees about where to file taxes; under the traditional rule, the wife's domicile is deemed to be wherever her husband has established his.

Legal domains

Cite this maxim

NeCede Max. 4.1.20 — A wife follows the domicile of her husband. — Tray. Lat. Max. 606; Weisman, 79h

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