Asked in Consumer Law, Criminal Law, Family Law and Civil Rights

Q: Difference between domicile vs residence

What is the difference between domicile and residence

3 Lawyer Answers

A: As my colleague correctly outlines, the primary distinction is in the intent to remain in the case of domicile. The terms are used loosely, and they are given close attention in statutes and civil procedure codes pertaining to jurisdiction, venue, or service or process. Good luck

A: Addendum - 'Sorry - in my original post I meant to say, "service OF process," not "service OR process." I should have re-read my response more thoroughly before uploading. Good luck

James L. Arrasmith
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Answered

A: Domicile and residence are often used interchangeably, but they have different legal meanings. Your domicile is your permanent home, the place you consider your fixed and principal residence. It’s where you intend to return to after being away and where you have a significant connection, like voting or paying taxes.

Residence, on the other hand, is simply where you live at a given time. You can have multiple residences, such as a summer home or an apartment in another city. However, these places are not considered your domicile unless you intend to make them your permanent home.

The key difference lies in the intent and permanence. While you can change your residence frequently, your domicile generally remains the same unless you take steps to establish a new permanent home. Understanding the distinction is crucial for legal, tax, and governmental purposes.

Tim Akpinar agrees with this answer

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