Legal Definitions - after-acquired domicile

The term domicile refers to a person's permanent home, the place where they intend to live indefinitely and return to whenever they are away. It's different from mere residence, as a person can have multiple residences but only one domicile at a time. A person's domicile is crucial for determining which state or country's laws apply to them in various legal matters, such as marriage, divorce, inheritance, and taxation.

An after-acquired domicile is a new permanent home that a person establishes *after* a previous domicile. This means a person has changed their intent regarding their permanent home, moving from one location to another with the clear intention of making the new location their permanent residence. The concept is important because the legal rights and obligations of an individual often depend on their domicile at a specific point in time, and a change in domicile can shift which jurisdiction's laws apply.

Here are some examples illustrating after-acquired domicile:

• Example 1: Divorce Jurisdiction

  A couple marries and lives in Texas for 15 years, establishing Texas as their marital domicile. After a separation, one spouse decides to move to Colorado, rents an apartment, gets a Colorado driver's license, registers to vote there, and secures a new job, clearly intending to make Colorado their permanent home. *After* establishing this new life in Colorado, they decide to file for divorce. Colorado would be considered their after-acquired domicile. This change in domicile means they would likely need to meet Colorado's residency requirements to file for divorce in a Colorado court, and Colorado's family laws would then govern the divorce proceedings, rather than Texas law.

• Example 2: Estate and Inheritance Laws

  An elderly woman lives her entire life in New York, where she owns a home and has all her legal affairs. She then decides to sell her New York home, move to Florida to be closer to her grandchildren, purchases a condominium there, and updates her voter registration and driver's license to Florida. She clearly expresses her intent to live out her remaining years in Florida. She passes away two years later. Florida is her after-acquired domicile. Consequently, Florida's probate laws would govern the distribution of her estate and the validity of her will, even though she spent the vast majority of her life domiciled in New York.

• Example 3: Personal Injury Lawsuit

  A college student lives with their parents in Ohio, making Ohio their domicile. After graduation, they accept a job in California, move into their own apartment, obtain a California driver's license, and register to vote, intending to make California their permanent home. Several months *after* establishing their new domicile in California, they are involved in a car accident during a visit back to Ohio. If they decide to sue the other driver, their after-acquired domicile in California could be relevant. While the accident occurred in Ohio, their current domicile in California might influence where they can file the lawsuit (e.g., if the defendant also has ties to California) or which state's laws regarding damages or statutes of limitations might apply under certain legal principles.