Domicile is the relation which the law creates between an individual and a particular locality or country[i]. It is the legel conception of home[ii].
The word domicile is derived from the Latin term domus, which means a home or dwelling house[iii].
In a strict legel sense, domicile is the place where one has his/her true, fixed, permanent home, and principal establishment, and to which, whenever s/he is absent, s/he has the intention of returning, and where s/he exercises his/her political rights[iv].
Citizenship and domicile are synonymous for purposes of diversity jurisdiction[v]. Similarly, Domicile and residence are synonymous terms. Since domicile and residence are usually in the same place, they are frequently used as if they had the same meaning. However, there is a marked distinction between domicile and residence. Domicile means living in a locality with intent to make it a fixed and permanent home, while residence simply requires bodily presence as an inhabitant in a given place[vi].
Types of domicile as organized under common law and statutes are:
■domicile of origin,
■domicile of choice or necessary domicile.; and
■domicile by operation of law.
The determination of domicile is a mixed question of law and fact. A person’s domicile, once established, can only be changed by an actual removal to another habitation, coupled with an intention of remaining there permanently or at least for an indefinite time[vii].
Domicile generally requires two elements[viii]:
■physical presence in a state, and
■the intent to remain there indefinitely (animus manendi).
Some of the factors traditionally considered when determining a party’s domicile are[ix]:
■the person’s place of voting;
■the location of the person’s real and personal property;
■the state issuing the person’s driver’s license;
■the state where the person’s bank accounts are maintained;
■club or church membership; and
■the person’s place of employment.
A U.S. citizen can change his/her domicile from one state to another at his/her discretion. To carry out a change in the domicile, an adult must prove two things. They are:
■residence; and
■intention to sustain that residence.
Both elements must coexist to effect a change in the domicile. If both these elements are shown, the place where such person resides will be presumed by law to be his/her domicile.