NH Law About... Domicile

Introduction to... Domicile

Updated April 7, 2017. 

Domicile is a legal concept that is used in a variety of different contexts.  Among other things, a person’s domicile is used in determining taxes, voting rights, college tuition rates, estate administration, and car registration requirements.   

This guide points to resources that discuss many of these various aspects of domicile and which attempt to clarify the difference between a domicile and a residence.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.


Read about... Domicile

WEBSITES

Cornell Legal Information Institute. Domicile

Link verified on: April 7, 2017

"Someone's true, principal, and permanent home. In other words, the place where a person has physically lived, regards as home, and intends to return even if currently residing elsewhere."   GO>

New Hampshire. Dept. of State. Military Voting Information

Link verified on: April 7, 2017

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New Hampshire. Dept. of State. Voting as a College Student in New Hampshire and Voter Registration

Link verified on: April 7, 2017

An inhabitant's domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves.   GO>


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28 C.J.S. Domicile

"'Domicile' has a broader meaning than 'residence,' and residence is of a more temporary character than domicile."   GO>

Link verified on: April 7, 2017

Conflict of laws / by Peter Hay, Patrick J. Borchers, Symeon C. Symeonides

In many areas there is a need to identify a personal and persistent relationship between an individual and a governmental unit or geographic area. The most persistent of these possible relationships in Anglo-American common law is identified as domicile. As the territortial link between an individual and a place, domicile has been variously defined, often by its function and by description, as well as by analogy to other concepts to which it is similar.   GO>

Link verified on: April 7, 2017

Family law / by Charles G. Douglas. New Providence, N.J. : LexisNexis, 2014. 4th ed.   GO>

Link verified on: April 28, 2017

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Read the law about... Domicile

NEW HAMPSHIRE STATUTES

RSA 21:6-a. Residence  GO>

Link verified on: April 7, 2017

RSA 90. Settlement of Disputes Respecting the Domicile of Decedents for Death Tax Purposes  GO>

Link verified on: April 7, 2017

RSA 259:23. Motor Vehicles. Domicile  GO>

Link verified on: April 7, 2017

RSA 458. Annulment, Divorce and Separation  GO>

Link verified on: April 28, 2017

RSA 471-C. Custody and Escheat of Unclaimed and Abandoned Property  GO>

Link verified on: April 7, 2017

RSA 654. Voters and Checklists  GO>

Link verified on: April 7, 2017

RSA 655. Elections. Nominations  GO>

Link verified on: April 7, 2017

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE CASES

130 N.H. 694 (1988). Vazifdar v. Vazifdar

Link verified on: April 7, 2017

"[T]he superior court has jurisdiction when the plaintiff is domiciled within the State and the defendant is personally served."   GO>

167 N.H. 658. Guare v. State

Link verified on: April 7, 2017

Although the State Constitution does not define domicile, the legislature has defined it as that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single, continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government.   GO>

Learn About New Hampshire Cases: New Hampshire case law consists of the published opinions of the New Hampshire Supreme Court. GO>
 

FEDERAL CASE LAW

344 F.Supp. 559. Newburger v. Peterson

Link verified on: April 7, 2017

This case presents a challenge to the constitutionality of New Hampshire's law disqualifying a citizen from voting in a town if he has a firm intention of leaving that town at a fixed time in the future. The few facts are stipulated. Plaintiff, whose parents live in Hawaii, is a student at Dartmouth College who, solely because he stated to voter registration officials that he intended to leave Hanover upon his graduation in June of 1974, was denied registration. The present defendants are the registration officials of Hanover and the state's Attorney General. The pertinent New Hampshire statute, N.H.R.S.A. c. 54, § 1, [now repealed] does not on its face command the denial, specifying only that an inhabitant of a town shall have the right “to vote in the town in which he dwells and has his home.” But it is also stipulated that New Hampshire's venerable common law of domicile, as embodied in State v. Daniels, 44 N.H. 383 (1862), is incorporated in the statute. This tradition views an intention to remain permanently or indefinitely in a particular town as essential to the acquisition of domicile.   GO>

629 F. 3d 25. Melendez-Garcia v. Sanchez

Link verified on: April 7, 2017

A person's domicile is the place where he has his true, fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning. Domicile is determined as of the time the suit is filed. There is, ordinarily, a presumption of continuing domicile. In order to show change of domicile, a party must establish that he (1) was present in the new domicile and (2) intended to remain there. Another specific presumption applies to members of the military: Service personnel are presumed not to acquire a new domicile when they are stationed in a place pursuant to orders; they retain the domicile they had at the time of entry into the services.   GO>


FOR MORE HELP ...

New Hampshire Law Library

Link verified on: May 18, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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