Louisiana Civil Code

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TITLE II – DOMICILE

Art. 38. The domicile of a natural person is the place of his habitual residence. The domicile of a juridical person may be either the state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue, unless otherwise specifically provided by law. [Acts 2008, No. 801, §1; Acts 2012, No. 713, §2, eff. Aug 1, 2012]

Art. 39. A natural person may reside in several places but may not have more than one domicile. In the absence of habitual residence, any place of residence may be considered one's domicile at the option of persons whose interests are affected. [Acts 1985, No. 272, §1; Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 40. Spouses may have either a common domicile or separate domiciles. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 41. The domicile of an unemancipated minor is that of the parent or parents with whom the minor usually resides. If the minor has been placed by court order under the legal authority of a parent or other person, the domicile of that person is the domicile of the minor, unless the court directs otherwise.

The domicile of an unemancipated minor under tutorship is that of his tutor. In case of joint tutorship, the domicile of the minor is that of the tutor with whom the minor usually resides, unless the court directs otherwise. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 41.1. [Blank]

Art. 42. The domicile of a full interdict is that of the curator. A limited interdict retains his domicile, unless otherwise provided in the judgment of interdiction. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 43. The domicile of a person under continued or permanent tutorship is that of his tutor. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 44. Domicile is maintained until acquisition of a new domicile. A natural person changes domicile when he moves his residence to another location with the intent to make that location his habitual residence. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 45. Proof of one's intent to establish or change domicile depends on the circumstances. A sworn declaration of intent recorded in the parishes from which and to which he intends to move may be considered as evidence of intent. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]

Art. 46. A person holding a temporary position away from his domicile retains his domicile unless he demonstrates a contrary intent. [Acts 2008, No. 801, §1, eff. Jan. 1, 2009]