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I have a legal guardian living in CA, and I lived with them for many years, but have currently been living in another state with my parent for five years?

This might be a silly question, but I had to check just in case!

2007-04-21 17:55:11 · 3 answers · asked by Miss.Understanding 3 in Politics & Government Law & Ethics

3 answers

It probably doesn't matter to many people unless you are trying to make a case for "in state tuition" at a California university.

We have an issue as to the definition of "domicile".

"Domicile" n. the place where a person has his/her permanent principal home to which he/she returns or intends to return. This becomes significant in determining in what state a probate of a dead person's estate is filed, what state can assess income or inheritance taxes, where a party can begin divorce proceedings, or whether there is "diversity of citizenship" between two parties which may give federal courts jurisdiction over a lawsuit. Where a person has several "residences" it may be a matter of proof as to which is the state of domicile. A business has its domicile in the state where its headquarters is located.

As a matter of law, a minor or person who is not sui juris does not have the ability to determine his or her domicile.

Once the disability of the ward is removed, he or she can do acts that determine or will evidence an intent to establish his or her domicile.

2007-04-22 01:27:11 · answer #1 · answered by Mark 7 · 1 0

No - you would not be a CA resident. Generally, you are required to spend at least 183 days a year in a state to be a "resident".

2007-04-22 00:58:55 · answer #2 · answered by Gemma 5 · 1 0

Nope! You sure can't. Unless you still property taxes to CA.....and by the sound of it, you don't.

2007-04-22 02:12:28 · answer #3 · answered by cyanne2ak 7 · 0 1

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