Soldiers and Military Personnel

A person inducted into the military service retains his/her residence in the state in which s/he was inducted until he has abandoned it or established a new residence.  However, the presumption is subject to rebuttal by proof that s/he had established a new residence elsewhere.  The presumption is that one in military service retains his/her prior domicile as long as any reasonable doubt regarding the individual[i].

The domicile of a soldier or sailor in the military or naval service of his/her country generally remains unchanged, domicile being neither gained nor lost by being temporarily stationed in the line of duty at a particular place, even for a period of years.  However, a new domicile may be acquired if both the fact and the intent concur.  Assuming that a member of the army may change his/her domicile, and establish it at any place s/he sees fit, if not inconsistent with the military situation, his/her intention to change must be clear.  Moreover, the intention must be associated with something fixed and established as indicating such a purpose[ii].

The factors used in determining whether a soldier stationed within a state has established a residence include whether s/he:

  • established actual living quarters;
  • brought any family;
  • accumulated some degree of permanency, such as bank accounts, telephone listings, or charge accounts;
  • retained a permanent abode elsewhere; or
  • claimed a residence elsewhere[iii].

 

[i] Biri v. Biri, 192 So. 2d 862 (La.App. 4 Cir. 1966).

[ii] Kennedy v. Kennedy, 205 Ark. 650 (Ark. 1943).

[iii] Teague v. District Court of Third Judicial Dist., 4 Utah 2d 147 (Utah 1955).


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