IHTM13021 - Change of Domicile: Domicile of Origin

The moment you were born you acquired a domicile of origin by operation of law. In most cases you take the domicile of one of your parents. Note that this may be different from the country where you were born.

For example if your parents were married when you were born your domicile of origin is the same as your father’s current domicile. If not then you take your mother’s current domicile.

If you are subsequently adopted by parents who have a different domicile then (and only then) will you take a new domicile of origin (not a domicile of dependence ( IHTM13023)).

Although your current domicile may change over time (to a domicile of dependence or a domicile of choice) your domicile of origin remains relevant throughout your life ( IHTM13021). However, any change (to a domicile of choice) must be established by very clear proof by the person(s) who assert change.

Note also that you cannot simply abandon a domicile of origin.

Example

Robert has a domicile of origin in Jamaica.

One day he leaves Jamaica saying that he will never return. He then spends his time between Scotland and England without making a clear choice for the future.

His domicile is still Jamaica. He can only change that domicile by moving to and settling in a new country permanently, i.e. by adopting a domicile of choice ( IHTM13022)