Change of Domicil, 12 Central Law Journal 51 (1881)
Domicil of origin is distinguished from domicil of choice. Domicil of origin is the domicil which every one receives at birth, while domicil of choice is that which is acquired by the voluntary act of the party. Changes from domicil of origin to domicil of choice, or from one domicil of choice to another of choice, often involve important and interesting inquiries, to some of which attention is invited. In a former article we had occasion to consider the law of domicil in its relation to married women, infants and persons under guardianship. It then appeared: 1. That a married woman could not acquire a domicil of choice separate from that of her husband–that her domicil could only be changed by her husband, except in those cases in which he had been guilty of such dereliction of duty as to entitle her to a divorce. 2. That an infant could not change its domicil. That the domicil could only be changed by the father in his life time, or the mother during her widowhood. 3. It was thought that the guardian could change the domicil of the ward, if done with no fraudulent intent. The consideration that was then given to the subject makes it unnecessary to enter into any discussion of changes of domicil by persons belonging to the above classes, and attention is called rather to changes of domicil by persons who are sui juris.
Date of Authorship for this Version
Rogers, Henry Wade, "Change of Domicil" (1881). Faculty Scholarship Series. Paper 4044.