- Related Topics:
- Residence
- Jurisdiction
Domicile
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What does the word 'domicile' mean?
In law, domicile refers to a person’s dwelling place, especially when determining judicial jurisdiction and governmental burdens, as well as benefits. A person's legal existence is determined by personal law that is consistent, regardless of their location. In countries that follow common law, personal law is determined by domicile, while in countries that follow civil law, it is determined by nationality or habitual residence.
There are three kinds of domicile:
* Domicile of origin Usually that of the father, unless he is deceased or the child is born out of wedlock, in which case it is that of the mother.
* Domicile of choice Established by physical presence and intent to remain.
* Domicile by operation of law Lacking the legal capacity to acquire a domicile of their own.2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How is a domicile different from a temporary residence?
A domicile is a person’s dwelling recognized by law for judicial jurisdiction, governmental burdens, and benefits. It establishes personal law that follows a person always. Every person must have a domicile at all times, and they cannot have more than one at a time for the same purpose.
Residence is a term that statutes use, instead of domicile, to refer to a physical connection with a state without the intent to reside there. A person may have multiple residences at a time, unlike a domicile. A legal residence is the address from which one registers to vote, licenses a car, and pays income tax.
2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
Why is a person's domicile important in legal matters?
A person's domicile is vital in legal contexts because it determines judicial jurisdiction, governmental burdens, and benefits. It establishes which courts can try a case against someone, even if they are temporarily outside the area.
Domicile also dictates which location can impose inheritance tax on all intangible assets. The laws of one's domicile validate a will concerning personal property or determine property distribution if there is no will. It can also affect the legitimacy of birth and the validity of marriage.
Everyone must have a domicile at all times, and they cannot have more than one simultaneously. A domicile is retained until a new one is established. For legal purposes, a domicile is an official residence for things such as registering to vote, licensing a car, and paying income tax.
2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How can someone change their domicile?
Domicile is a person’s dwelling place for legal jurisdiction, governmental burdens, and benefits. It determines judicial authority, inheritance tax, will validity, and legitimacy of birth and marriage.
To change your domicile, physical presence in the new location is typically required, along with the intent to make it your permanent home. Presence by compulsion, such as imprisonment, is usually insufficient. You must demonstrate you intend to reside there. A domicile is not lost until a new one is acquired, and you can only have one domicile at a time.
2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
What is the difference between domicile and citizenship?
Domicile is a person's dwelling place for legal jurisdiction, burdens, and benefits. It determines judicial jurisdiction, inheritance tax, and will validity regarding personal property. Everyone must have a domicile, and they can't have multiple at once. Domiciles include origin (usually the father's), choice (voluntary physical presence), and by law (for those lacking legal capacity).
Citizenship is the relationship between an individual and a state, where the individual owes allegiance and receives protection. Citizens have rights, duties, and responsibilities not fully extended to non-citizens. These include political rights like voting, allegiance, taxation, and military service. Citizenship is acquired by birth, descent, marriage, or naturalization.
4 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How does a person's domicile affect taxes or inheritance laws?
A person's domicile, or legal residence, significantly impacts taxes and inheritance laws. Only the place of a person’s domicile can impose an inheritance tax on all of their intangibles. The law of your domicile determines the validity of your will with respect to personal property and how such property is distributed if you die without a will.
Domicile also establishes judicial jurisdiction, meaning a case can be tried against you in its courts, even if you're outside its borders when summoned. Wealthy people may have multiple homes, but only one can be their official domicile for legal purposes, such as paying income tax, registering to vote, and licensing a car.
3 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
Domicile, in law, a person’s dwelling place as it is defined for purposes of judicial jurisdiction and governmental burdens and benefits. Certain aspects of a person’s legal existence do not vary with the state he happens to be in at any given moment but are governed by a personal law that follows him at all times. In Anglo-American countries applying the common law, one’s personal law is that of his domicile; in civil-law countries (e.g., those of Europe and Latin America), it is often that of his nationality or place of habitual residence.
The place in which a person is domiciled has judicial jurisdiction over him (i.e., a case can be tried against him in its courts, even though he happens to be outside its borders at the time he is summoned). As far as governmental burdens and benefits are concerned, only the place of a person’s domicile can impose an inheritance tax upon all of his intangibles. The law of a person’s domicile determines the validity of his will with respect to personal property or determines how such property is distributed if he dies without a will. The law of a person’s domicile also may play a part in determining the legitimacy of the person’s birth and the validity of his marriage.
It is a fundamental principle in Western law that every person must have a domicile at all times. A domicile is not lost until another domicile has been acquired, and a person cannot have more than one domicile at a time for the same purpose. Generally, there are three kinds of domicile: domicile of origin, domicile of choice, and domicile by operation of law.
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At birth a person acquires a domicile of origin, almost always that of his father. If the father is deceased or a child is born out of wedlock, the domicile is that of his mother. Most people possess a domicile of choice, usually established by voluntary physical presence at the place where domicile is claimed; presence by reason of compulsion (e.g., imprisonment) usually is not sufficient. If a person claims a place as a home but is not residing there, he must prove an intent to make the place a home. Persons who lack the legal capacity to acquire a domicile of their own possess domicile by operation of law. The prime example is minor children whose domicile is usually that of the father. Traditionally, the domicile of a married woman was that of her husband as long as she lived with him.
Complications arise because statutes rarely use the word domicile but refer instead to residence (or, in some statutes, abode). In such contexts, residence usually bears the same meaning as domicile, but on occasion it may mean something else, such as a well-settled physical connection with the state without bearing toward it the requisite attitude of mind that one intends to reside there. Sometimes residence means something more than domicile—namely, domicile in a place plus physical presence there during a specified period of time. Residence when used in a statute means a far closer relationship with a state than mere physical presence there. As in the case of domicile, once a residence has been acquired, it is not lost by a temporary absence from the state. In contrast to domicile, a person may have more than one residence at a time.