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'Domicile' vs. 'Residence' and the significance of 'Intent'

Author johnbsims3
Admin 

#1 - Posted: 14 Dec 2015 09:41 
There is a difference between the terms "domicile" (sometimes referred to as legal, permanent or primary residence) and "residence." McCarthy v. Alexander, 786 So.2d 1284 (Fla. 2d DCA 2001).

Domicile involves the intent of an individual to make Florida his or her legal residence. McCarthy. It is the place where an individual has a true, fixed and permanent home, to which he intends to return whenever he is absent. See Chisholm v. Chisholm, 98 Fla. 1196, 125 So. 694 (1929); 477*477 Keveloh v. Carter, 699 So.2d 285 (Fla. 5th DCA 1997); Latta v. Latta, 654 So.2d 1043 (Fla. 1st DCA 1995). A person can have only one legal residence or domicile. Keveloh.

On the other hand, a person may have several "residences." Keveloh; Walker v. Harris, 398 So.2d 955 (Fla. 4th DCA 1981). See also Wade v. Wade, 93 Fla. 1004, 113 So. 374 (1927). The difference between domicile and residence is a matter of objective fact. McCarthy.

Domicile is established when there is a good faith intention to establish a particular residence as a permanent home, coupled with the physical move to the new residence, as evidenced by positive overt acts.
Keveloh.

The best proof of domicile is where the individual says it is, because intent is highly significant. Keveloh. Removal from one's domiciliary jurisdiction without the intent to change one's domicile is insufficient. Keveloh.

Once established domicile continues until it is superceded by a new domicile. Wade (if party is a bona fide resident of state, mere absence intending to return will not divest courts of jurisdiction); Keveloh. This is also in connection with 'Legal Abandonment' of a homestead.

Florida Exemptions, Laws and Statutes Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Florida Exemptions, Laws and Statutes /
'Domicile' vs. 'Residence' and the significance of 'Intent'
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