Civil Procedure Multistate Bar Practice Exam

What is required for establishing a domicile?

1. Legal residency in a foreign country

2. Intent to remain in a new location indefinitely

3. Rental of a property in a different state

4. Ownership of real estate in the new location

The correct answer is: Intent to remain in a new location indefinitely

To establish domicile, it is necessary to demonstrate both physical presence in a location and the intent to remain there indefinitely. Thus, the requirement involves not just being present in a new location but also having the intention to make it your permanent home. This notion acknowledges that a domicile is more than mere residency; it reflects a person’s genuine commitment to live in that place as their primary address. The act of intending to reside indefinitely indicates a level of permanence that is crucial for domicile establishment. This intent is often evaluated based on various factors including where an individual votes, pays taxes, and establishes social and professional ties. Other options focus on aspects that do not fully capture the dual requirement for domicile. Legal residency in a foreign country does not relate to establishing domicile in a specific state or location within the United States. Renting property implies a temporary arrangement and does not satisfy the requirement of intent needed for establishing a permanent domicile. Ownership of real estate, while it may suggest a commitment to a location, is not sufficient by itself unless accompanied by the necessary intent to make that place one’s permanent home.