Domicile in United States

Domicile Definition

That place where a man has his true, fixed and permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning. Lieber, Enc. Am.; 10 Mass. 188; 11 La. 175; 5 Mete. (Mass.) 187; 4 Barb. (N. Y.) 505; 9 Ired. (N. C.) 99; 1 Tex. 673; 13 Me. 255; 27 Miss. 704; 1 Bosw. (N. Y.) 673; 74111.312. The place in which one’s habitation is fixed, without any present intention of removing therefrom. Story, Confl. Laws, § 43. It is a more extensive term than residence or habitation, not only residence, but intent to remain, being essential to domicile (4 Hun [N. Y.] 487; 4 Humph. [Tenn.] 346), though they have been considered convertible for certain purposes (17 Pick. [Mass.] 291). Domicile may be either national or domestic. In deciding the question of national domicile, the point to be determined will be in which of two or more distinct nationalities a man has his domicile. In deciding the matter of domestic domicile, the question is in which subdivision of the nation does the person have his domicile. Thus, whether a person is domiciled in England or France would be a question of national domicile, whether in Norfolk or Suffolk county, a question of domestic domicile. The distinction is to be kept in mind, since the rules for determining the two domiciles, though frequently, are not necessarily, the same. See 2 Kent, Comm. 449; Story, Confl. Laws, § 39 et seq.; Westl. Priv. Int. Law, 15: Wheat. Int. Law, 123 et seq. The Romanists and civilians seem to attach about equal importance to the place of business and of residence as fixing the place of domicile. Story, Confl. Laws, § 42. This may go far towards reconciling the discrepancies of the common law and civil law as to what law is to govern in regard to contracts. But at common law the main question in deciding where a person has his domicile is to decide where he has his home, and where he exercises his political rights. Legal residence, inhabitancy, and domicile are generally used as synonymous. 1 Bradf. Sur. (N. Y.) 70; 1 Har. (Del.) 383; 1 Spencer (N. J.) 328; 2 Rich. (S. C.) 489; 10 N. H. 452; 3 Wash. C. C. (U. S.) 555; 15 Mees. & W. 433; 23 Pick. (Mass.) 170; 5 Mete. (Mass.) 298; 4 Barb. (N. Y.) 505; 7 Gray (Mass.) 299. But much depends on the connection and purpose. 1 Wend. (N. Y.) 43; 5 Pick. (Mass.) 231; 17 Pick. (Mass.) 231; 15 Me. 68. Commercial domicile is a domicile acquired by maintenance of a commercial establishment in a country, in relation to transactions connected with such establishments. 1 Kent, Comm. 82; 2 Kent, Comm. 11, 12,

Domicile in Foreign Legal Encyclopedias

Link	Description
Domicile	Domicile in the World Legal Encyclopedia.
Domicile	Domicile in the European Legal Encyclopedia.
Domicile	Domicile in the Asian Legal Encyclopedia.
Domicile	Domicile in the UK Legal Encyclopedia.
Domicile	Domicile in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

That place where a man has his true, fixed and permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning. Lieber, Enc. Am.; 10 Mass. 188; 11 La. 175; 5 Mete. (Mass.) 187; 4 Barb. (N. Y.) 505; 9 Ired. (N. C.) 99; 1 Tex. 673; 13 Me. 255; 27 Miss. 704; 1 Bosw. (N. Y.) 673; 74111.312. The place in which one’s habitation is fixed, without any present intention of removing therefrom. Story, Confl. Laws, § 43. It is a more extensive term than residence or habitation, not only residence, but intent to remain, being essential to domicile (4 Hun [N. Y.] 487; 4 Humph. [Tenn.] 346), though they have been considered convertible for certain purposes (17 Pick. [Mass.] 291). Domicile may be either national or domestic. In deciding the question of national domicile, the point to be determined will be in which of two or more distinct nationalities a man has his domicile. In deciding the matter of domestic domicile, the question is in which subdivision of the nation does the person have his domicile. Thus, whether a person is domiciled in England or France would be a question of national domicile, whether in Norfolk or Suffolk county, a question of domestic domicile. The distinction is to be kept in mind, since the rules for determining the two domiciles, though frequently, are not necessarily, the same. See 2 Kent, Comm. 449; Story, Confl. Laws, § 39 et seq.; Westl. Priv. Int. Law, 15: Wheat. Int. Law, 123 et seq. The Romanists and civilians seem to attach about equal importance to the place of business and of residence as fixing the place of domicile. Story, Confl. Laws, § 42. This may go far towards reconciling the discrepancies of the common law and civil law as to what law is to govern in regard to contracts. But at common law the main question in deciding where a person has his domicile is to decide where he has his home, and where he exercises his political rights. Legal residence, inhabitancy, and domicile are generally used as synonymous. 1 Bradf. Sur. (N. Y.) 70; 1 Har. (Del.) 383; 1 Spencer (N. J.) 328; 2 Rich. (S. C.) 489; 10 N. H. 452; 3 Wash. C. C. (U. S.) 555; 15 Mees. & W. 433; 23 Pick. (Mass.) 170; 5 Mete. (Mass.) 298; 4 Barb. (N. Y.) 505; 7 Gray (Mass.) 299. But much depends on the connection and purpose. 1 Wend. (N. Y.) 43; 5 Pick. (Mass.) 231; 17 Pick. (Mass.) 231; 15 Me. 68. Commercial domicile is a domicile acquired by maintenance of a commercial establishment in a country, in relation to transactions connected with such establishments. 1 Kent, Comm. 82; 2 Kent, Comm. 11, 12,

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Notice

This definition of Domicile Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

That place where a person has his or her true and permanent home and to which, whenever the person is absent, he or she has the intention of returning. People who go away temporarily on business or vacation do not change their domiciles. A person can have only one domicile at any one time. Domicile is important for purposes of taxation and jurisdiction (in U.S. law). See also residence (in U.S. law); venue (in U.S. law).

(Revised by Ann De Vries)

What is Domicile?

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Meaning of Domicile

In plain or simple terms, Domicile means: That place where a person has his true and permanent home. A person may have several residences, but only one domicile.

Domicile