Page Text: The 730-day and 180-day tests for determining the "applicable
state" and some state residency requirements use "domicile,"
not "residence." Domicile is established by physical presence
in a place with intent to remain there for an unlimited or
indefinite period of time. Mississippi Band of Choctaw Indians
v. Holyfield, 490 U.S. 30, (1989); Freeman v. Northwest
Acceptance Corp., 754 F.2d 553 (5th Cir.1985). A person can
have only one domicile at a particular time, even though he
may have several residences. Williamson v. Osenton, 232 U.S.
619 (1914); In re Sparfven, 265 B.R. 506, 518–19 (Bankr.D.
Mass.2001) (“when a person has more than one residence,
intent is particularly relevant”).
Some factors considered in establishing domicile include: (1)
current residence; (2) voting registration and voting practices;
(3) location of spouse and family; (4) location of personal or
real property; (5) location of brokerage and bank accounts; (6)
memberships in churches, clubs, unions and other
organizations; (7) location of a person's physician, lawyer,
accountant, dentist and stockbroker; (8) place of employment
or business; (9) driver's license and automobile registration;
and (10) payment of taxes. In re Stone, 329 B.R. 860 (N.D.
Iowa 2005).