Haw. Code R. § 18-235-1.03 - Establishing residency by domicile

(a) An individual who is domiciled in Hawaii is considered a resident.

(1) Domicile is the place of the individual's true, fixed, permanent home.

(2) The domicile is the principal establishment to which the individual has the intention of returning whenever the individual is absent.

(3) An individual can have several residences or dwelling places in which he or she resides, but can have only one domicile, or permanent residence to which he or she intends to return.

(b) An individual's domicile may change where there is a concurrence of:

(1) An abandonment of the old domicile with a specific intent to abandon the old domicile;

(2) An intent to acquire a specific new domicile; and

(3) An actual physical presence in the new domicile.

(c) The burden of proof as to a change of domicile is upon the individual asserting that a change in domicile has taken place. The individual must establish a change of domicile by clear and convincing evidence.

(d) An individual can acquire a domicile by birth, choice, or operation of law, as set forth in sections 18-235-1-04, 18-235-1-05, and 18-235-1-06, HAR, respectively.

Notes

Haw. Code R. § 18-235-1.03

[Eff 2/16/82; am 9/3/94; am and ren § 18-235-1.03 8/28/98] (Auth: HRS §§ 231-3(9), 235-118) (Imp: HRS § 235-1)