Legal Definitions - facto et animo

Facto et animo is a Latin legal phrase that translates to "by deed and with intent" or "in fact and with intent." It describes a situation where a person not only performs a physical action (the "deed" or "facto") but also possesses the necessary mental state or intention (the "intent" or "animo") to achieve a specific legal outcome. Both elements—the physical act and the accompanying intent—must be present for the legal action to be valid or complete.

Here are a few examples to illustrate this concept:

• Abandonment of Property: Imagine someone places an old, broken bicycle by the curb on trash day. For the bicycle to be legally considered abandoned, two things must be true:

  • Facto (by deed): The person physically moved the bicycle to a location designated for waste collection.
  • Animo (with intent): The person intended to relinquish all ownership rights and never reclaim the bicycle.

  Explanation: If the person merely placed the bicycle there temporarily with the intent to fix it later (lacking "animo"), it wouldn't be abandoned. Conversely, if they intended to abandon it but never actually moved it (lacking "facto"), the abandonment wouldn't be complete.

• Establishing Domicile: Consider a college student who moves from their parents' home in one state to an apartment near their university in another state.

  • Facto (by deed): The student physically moves their belongings, lives in the new apartment, registers to vote in the new state, and obtains a local driver's license.
  • Animo (with intent): The student intends to make this new state their permanent home, not just a temporary residence for the duration of their studies.

  Explanation: Simply living in the new state (the "facto") without the genuine intent to reside there permanently (the "animo") would not establish a new legal domicile. Similarly, merely intending to move (the "animo") without actually performing the physical acts of relocation (the "facto") would not change their domicile.

• Taking Possession of Found Property: Suppose someone discovers a valuable antique watch lying on a public park bench.

  • Facto (by deed): The person physically picks up the watch and holds it.
  • Animo (with intent): The person intends to take control of the watch, whether to keep it (if legally permissible for lost property) or to find its rightful owner.

  Explanation: Merely seeing the watch on the bench (no "facto") or accidentally brushing against it without realizing what it is (no "animo" to take control) would not constitute taking possession "facto et animo." Both the physical act of securing the item and the conscious intent to exercise control over it are necessary.