Skip to main content

My private residence I share with two other girls. I'm a widow and I stay a lot at my boyfriends, but everything I own is in my

Middle Island, NY |

private residence. I do not rent or pay bills at his home, only my private residence. My drivers license says to send mail to his home and my residence is my private home. When I work he brings my mail to me, therefore I use his address, normally work 16/7. Now I'm very sick and don't feel safe by myself so I stay a lot at his home... But it is not my home,but his. My home is my house that I own. I'm told that I don't live at my private home because I use his address. His home is not mine and I go back and forth between the two. But I consider my private home my domicile. Do I have a right to call my private home my domicile.? The town tells me my boyfriend home is my domicile.
I only have one home and that's my private home, any time I want to go home I go to my home. I feel abused.

Attorney Answers 5

Posted

Case law holds that a person can have multiple residences but only one domicile. Look up the following case on Google Scholar for more information:

Deer Consumer Products v. Little, 35 Misc.3d 374.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Mark as helpful

4 lawyers agree

Posted

What is the context of your question? You mentioned that the "town" tells you that your domicile is your boyfriend's residence; what is the issue you're having with the town? Also, you mentioned that you share the house with two other girls, do you rent to them? Do you have your own room/space in the house?

Mark as helpful

4 lawyers agree

1 comment

Alan Sanders Richard

Alan Sanders Richard

Posted

I agree with Attorney Baum.. It is not possible to answer our question without additional information to provide context.

Posted

Based on the facts you state, the home you own is your domicile. This is in accordance with the regulations of the New York State Department of Taxation and Finance:

http://www.tax.ny.gov/pit/file/pit_definitions.htm

You should consult an attorney if your town is giving you some sort of problem by alleging that you are domiciled at your boyfriend's home.

The above constitutes general information only and should not be considered legal advice.

Mark as helpful

4 lawyers agree

1 comment

Alan Sanders Richard

Alan Sanders Richard

Posted

I agree with Attorney Bianchi. If your town is giving you trouble about some aspect of where you live, you should consult a local attorney for specific legal advice. You can use the "Find a Lawyer" link on this page. Many attorneys will give an initial consultation without charge.

Posted

Yes, you can call your private home your domicile. One can have several residences, but only one domicile. Your "legal residence" or “domicile,” is the place where you have your true, fixed, permanent home and and where you intend to remain permanently (or at least indefinitely). It is the home to which you intend to return when you are absent, and from which you do not presently intend to move. For a place to be considered your domicile, there must be a specific intent as well as a physical presence. The best proof of your intent is what you testify it to be.

Mark as helpful

2 lawyers agree

Posted

The determination of this issue of domicile naturally will turn on the facts of the case. The courts in Maryland first look to intent and presume that a person is domiciled (resides) where he primarily lives; however, that is a “rebuttable presumption.” The courts (and perhaps initially your town) will analyze the facts using specific factors found in case or other law (e.g. oaths of other residences given, tax return information, voter registration, where you own real property, mail delivery, where you bank or your kids attend school or church, etc..) to make a judgment. You may wish to seek legal counsel.

Mark as helpful

2 lawyers agree

State, local, and municipal law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics