Which elements determine domicile under New York law?

• A. Capacity to fend for oneself
• B. Intent to remain permanently
• C. Presence in residence
• D. All of the above

Answer: (D)

Domicile under New York law is the place you consider your fixed home, a place you intend to remain in and return to when away. To determine where that domicile lies, you look at the combination of being physically present in a residence and the intent to treat that residence as your permanent home. The ability to fend for oneself often enters the analysis because it supports the practical ability to maintain a home and stay there rather than merely visiting or being dependent on others. Because domicile is assessed by how these factors come together—the actual presence, the intent to stay, and the capacity to support oneself—they all help establish where your true home is. Therefore, all of these elements can determine domicile under New York law.