Actual residence

Actual residence

What does Actual residence mean in American Law?

The definition of Actual residence in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Generalization would, once again, be risky, for whether a place is an actual residence will once again turn on the purpose with which the term is used. For example, a university student who moved with wife and family into a private house would almost undoubtedly have his “actual residence” there for voting purposes, even if he had a fixed intention to move “back home” after his educational stay was over, i.e., one can clearly have an “actual residence” which is not a domicil. On the other hand, the same student might nonetheless be an “actual resident” of [the] state to which he expected eventually to return, this time for purposes of being entitled to a scholarship available only to “actual residents” of that state. All one can say with certainty is that mere transient physical presence is not “actual residence,” and actually living in a place with no present expectation of going elsewhere is.


Posted

in

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *