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NeCede's

Maxim 5.3.7

A home is a social unit formed by a family living together in one dwelling.

Domus est societas quaedam a familia cohabitante formata.

Source: Anaya v. Foundation Res. Ins. Co., 414 P.2d 848, 849; Weisman, 54h Difficulty 2/5 — Approachable

Explanation

The home is defined not by walls but by the family within — a dwelling becomes a home when a family makes it the seat of their common life.

Where this applies

  • A court must determine whether a college dormitory room qualifies as a student's 'home' for Fourth Amendment purposes — the question turns on whether the student has established it as the seat of her daily family or personal life, not merely whether it has walls and a roof.
  • A man lives in a converted van with his wife and child, moving from place to place — a court recognizes that this vehicle is their home because a home is defined by the family living together within it, not by the permanence of the structure.
  • Two siblings argue over whether their deceased mother's empty house still qualifies as the family home for inheritance purposes — because no family currently lives together in the dwelling, the house is a structure but no longer a home in the legal sense.

Legal domains

See also

Cite this maxim

NeCede Max. 5.3.7 — A home is a social unit formed by a family living together in one dwelling. — Anaya v. Foundation Res. Ins. Co., 414 P.2d 848, 849; Weisman, 54h (Domus est societas quaedam a familia cohabitante formata.)

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