domicile
Domicile is the place of someone’s true, permanent home, which they have the intention of returning to, when absent. The function of a domicile is to correlate a person with a particular place. A person may have several residences but may only have one domicile at a time. Domicile is determined by two concurrent elements: (1) the person’s presence in the state of domicile, and (2) the intention to stay there indefinitely. For example, if someone moves from Pennsylvania to New York State for a temporary job but intends to return to Pennsylvania after the job is complete, they would likely remain a Pennsylvania domiciliary throughout their time in New York.
Courts determine these factors by considering the totality of the circumstances. They will often review the current residence, voting registration and practices, payment of taxes, location of real and personal property, driver's license and vehicle registration, location of brokerage and bank accounts, place of employment, location of spouse and family, and membership in organizations. Factors are not weighed equally. Some factors, such as where a person spends a majority of their time and votes in elections, may be weighed more heavily. A formal declaration of domicile may be taken into account, but is not dispositive if the person’s conduct does not comport with the declaration.
Domicile is important to determine judicial jurisdiction. Courts will account for domicile when determining whether they have jurisdiction over an individual or business. Federal courts will typically examine a person’s domicile to find whether the court has personal jurisdiction and subject matter jurisdiction. Domicile can often be used to resolve a conflict of laws.
For an example of domicile defined under state law, see: 45 Indiana Administrative Code 3.1-1-2. In the context of insurers transferring domiciles, see: 15 U.S. Code § 6732.
[Last reviewed in April of 2026 by the Wex Definitions Team]
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