Legal Definition and Related Resources of Domicile

The permanent home of a person , or 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. The relation which the law creates between an individual and a particular locality or country. In order to constitute domicile, a person must not only have his permanent home in the locality but also the animus manedi, that is, the intention to make that residence his permanent one. Every adult person has a domicile which is usually the domicile of origin. In order for a person to change his domicile of origin there must be a change of residence sine animo revertendi, that is, with no intention of reverting to his old residence. See district of Columbia v Murphy, 314 U.S. 441, 62 S. Cl. 303, 86 L. Ed. 329.

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,

noun

• abiding place
• abode
• accommodations
• address
• billet
• domicilium
• domus
• dwelling
• habitance
• habitancy
• habitat
• habitation
• home
• house
• inhabitance
• inhabitancy
• living quarters
• lodging
• lodgment
• place of oc1 cupancy
• place of residence
• quarters
• residence
• residency
• tabernacle
• Associated Concepts: abandonment of domicile
• acquisition of domicile
• bona fide domicile
• change of domicile
• de facto domicile
• family domicile
• legal domicile
• matrimonial domicile
• plural domiciles foreign phrases: Uxor sequitur domicilium viri
• The wife follows the domicile of her husband
• Domus sua cuique est tutissimum refugium
• Everyone’s home is his safest refuge

Browse or run a search for Domicile in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Domicile in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Domicile in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Domicile in the Legal Abbreviations and Acronyms Dictionary.

You might be also interested in these legal terms:

Mentioned in these terms

Nationality, Reside, Residence, Situs.

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

Vocabularies (Semantic Web Information)

Domicile in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of domicile.

Resources

See Also

• Law Enforcement Officer
• Policeman
• Law Enforcement Agency

Further Reading

• domicile in A Dictionary of Law Enforcement (Oxford University Press)
• domicile in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Domicile

In the context of the English law, A Dictionary of Law provides the following legal concept of Domicile :

The country that a person treats as his permanent home and to which he has the closest legal attachment. A person cannot be without a domicile and cannot have two domiciles at once. He acquires at birth a domicile of origi Normally, if his father is then alive, he takes his father’s domicile; if not, his mother’s. He retains his domicile of origin until (if ever) he acquires a domicile of choice in its place. A domicile of choice is acquired by making a home in a country with the intention that it should be a permanent base. It may be acquired at any time after a person becomes 16 and can be replaced at will by a new domicile of choice.

See lex domicilii.

Meaning of Domicile in the U.S. Legal System

Definition of Domicile published by the National Association for Court Management: The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Concept of Domicile in the context of Real Property

Alternatives definitions of Domicile: (1) A legal term signifying a place where a person has his permanent home. The most accurate meaning is the layman’s understanding of the place where a person “lives”, since this takes into consideration the intent of the person to make a particular property his “home”. (2) The state or country in which a corporation is chartered (organized), such as a corporation “domiciled” in the U.S.

Concept of Domicile in the context of Real Property

Alternatives definitions of Domicile: (1) A legal term signifying a place where a person has his permanent home. The most accurate meaning is the layman’s understanding of the place where a person “lives”, since this takes into consideration the intent of the person to make a particular property his “home”. (2) The state or country in which a corporation is chartered (organized), such as a corporation “domiciled” in the U.S.

Domicile