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NeCede's

Maxim 5.3.11

Residence creates domicile.

Source: Arnold v. United Ins. Co., 1 Johns. Cas. (N.Y.) 363, 366; Weisman, 54a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The fact of dwelling in a place establishes legal domicile — actual residence, not mere intent, creates the jurisdictional tie between a person and a locality.

Where this applies

  • A man who has lived in Dallas for five years is considered domiciled there for tax and voting purposes, regardless of where he says he intends to live someday.
  • A woman moves to a new state and enrolls her kids in school there, and the court holds her domicile has shifted because she actually resides there.
  • A college student who rents an apartment and stays year-round in a city is legally domiciled there, even though he still calls his parents' house home.

Legal domains

Cite this maxim

NeCede Max. 5.3.11 — Residence creates domicile. — Arnold v. United Ins. Co., 1 Johns. Cas. (N.Y.) 363, 366; Weisman, 54a

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