Domicile
Legal Definition and Related Resources of Domicile
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Meanings, Synonyms, Etymology, Translations and More
Meaning 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.
Domicile Alternative 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 Legal Definition
That place where a person has his true and permanent home. A person may have several residences, but only one domicile.
Synonyms of Domicile
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
Related Entries of Domicile in the Lawi Project
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Domicile in Historical Law
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Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Domicile in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Nationality, Reside, Residence, Situs.
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Notice
This definition of Domicile is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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https://dictionarylaw.substack.com/p/domicile/: The URI of Domicile (more about URIs)
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.
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See Also
Law Enforcement Officer
Policeman
Law Enforcement Agency
Further Reading
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