NH Law About... Domicile

Introduction to... Domicile

Posted April 9, 2014. Revised July 29, 2016.

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.

The Read About section of this guide refers to resources about the law and will provide context and key terms. Read the Law links to selected law on domicile and should be used as a jumping off point for further research. 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: July 29, 2016

"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: July 29, 2016

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

Link verified on: July 29, 2016


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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: July 29, 2016

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

Introduction: the subject defined and overview -- The development and current state of approaches to choice of law -- Determining the applicable law -- Domicile -- Basic considerations in personal jurisdiction -- General jurisdiction -- Specific jurisdiction in the contract cases -- Specific jurisdiction in statutory cases -- Special jurisdictional problems -- Limitations on jurisdiction -- Procedure -- Forming domestic relationships -- Marital property -- Dissolution of domestic relationships and its consequences -- Legitimation and adoption -- Torts -- Contracts -- Property -- Succession -- Trusts and powers of appointment -- Probate and administration of estates -- Corporations, winding-up, and bankruptcy -- Recognition and enforcement of foreign judgments and decrees.   GO>

Link verified on: July 29, 2016

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

Link verified on: March 23, 2017

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Read the law about... Domicile

NEW HAMPSHIRE STATUTES

RSA 21:6-a. Residence  GO>

Link verified on: July 29, 2016

RSA 259:23. Motor Vehicles. Domicile  GO>

Link verified on: July 29, 2016

RSA 458. Annulment, Divorce and Separation  GO>

Link verified on: March 23, 2017

RSA 654. Voters and Checklists  GO>

Link verified on: July 29, 2016

RSA 655. Elections. Nominations  GO>

Link verified on: July 29, 2016

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

124 N.H. 824 (1984). Every v. Supervisors of Checklist

Link verified on: October 3, 2016

For voting purposes: "While the plaintiff must show that he has 'abandoned' his domicile in Cambridge, ... , this does not mean (as the defendants argue) that he must have abandoned his physical place of residence there. The question is, rather, whether Mr. Every in 1982 intended to make Madison his domicile; i.e., 'his principal residence . . . or the one place he thinks of as home.'"   GO>

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

Link verified on: July 29, 2016

For divorce jurisdiction purposes: "[T]he superior court has jurisdiction when the plaintiff is domiciled within the State and the defendant is personally served."   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

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

Link verified on: July 29, 2016

"In order to show change of domicile, a party must establish that he (1) was 'present in the new domicile' and (2) 'intend[ed] to remain there.'   GO>


FOR MORE HELP ...

How to Change Your Domicile from New Hampshire to Florida. McDonald & Kanyuk

Link verified on: July 29, 2016

Many law firms write very helpful and informative guides on legal topics. As always, be sure to check the sources and pay attention to when the guide is dated.   GO>

New Hampshire Law Library

Link verified on: March 24, 2017

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


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