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The life of the law has not been logic; it has been experience.
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Legal Definitions - domicile
Definition of domicile
Domicile refers to a person's true, principal, and permanent home. It is the place where an individual lives, considers their main residence, and intends to return to, even if they are temporarily living somewhere else. Unlike mere residence, which can be temporary, domicile implies a long-term connection and an intent to remain or return, making it a crucial concept for various legal purposes.
- Example 1: An Expatriate Professional
Sarah, a U.S. citizen, accepts a three-year contract to work in London. She rents out her house in Seattle, Washington, but keeps her U.S. bank accounts, driver's license, and voter registration in Washington. She frequently tells friends and family that she plans to move back to Seattle once her contract ends.
Explanation: Despite physically living in London for three years, Sarah's domicile remains Seattle. She maintains her legal ties there, considers it her true home, and, crucially, intends to return and reside there permanently after her temporary work assignment.
- Example 2: A College Student
David attends a university in California and lives in a dorm room on campus for nine months of the year. During summer breaks and holidays, he always returns to his parents' house in Arizona, where his family lives, and where he keeps most of his belongings. He plans to seek employment in Arizona after graduation.
Explanation: David's residence is temporarily in California while he attends school. However, his domicile is Arizona. He views his parents' home as his true, permanent base, maintains his connection there, and intends to return, demonstrating the necessary intent for domicile.
- Example 3: A Retired Couple with Multiple Homes
Robert and Maria are a retired couple who own a large house in New York and a smaller condominium in Florida. They spend six months of the year in Florida during the winter and six months in New York during the summer. All their legal documents, including their driver's licenses, voter registration, and wills, list their New York address. They also receive all their mail and conduct most of their banking in New York.
Explanation: Although Robert and Maria spend significant time in Florida, their domicile is New York. Their consistent legal ties, the location they designate for official purposes, and their intent to treat the New York property as their principal and permanent home, even with extended stays elsewhere, establish New York as their domicile.
Simple Definition
Domicile refers to a person's true, fixed, and permanent home. It is the place where someone has physically lived, considers their principal residence, and intends to return to, even if they are currently living elsewhere.