23 Main Pros and Cons of Domicile Rule

Your permanent residency is determined by the domicile rule. With a domicile certificate you can become the lawful resident of a particular state. The domicile rule is applicable to all residents of any state and it comes with a lot of benefits. There are advantages of being a permanent resident of a particular state and with a domicile certificate you can use these advantages.

The domicile rule also tasks you with certain responsibilities in the state of domicile, for example, paying taxes as determined by the state. To gain domicile, you will have to go through various procedures.

These procedures which involve time limits or waiting periods vary from state to state. Once you get domicile in a state you are free to use and take advantage of all services provided by that state to its residents. 

PROS AND CONS OF DOMICILE RULE

ProsCons
Education in the state of domicileYou can be sued easily in the state of domicile
Students often have discounts on their educationYou can only have vehicles that are licensed in your place of domicile
Opportunity to have a job in the state of domicileThere is a waiting period before welfare can be accessed
You will have voting rightsDual domicile is not allowed
Eligibility to run for political officeDomicile rule dictates the reading of a will. 
Access to all government services available in the state of domicile
Marriages can be validated easily in the state of domicile

Advantages of Domicile Rule

  • Education in the state of domicile:

It is easy to have education in the state of domicile. Outside the state of domicile, it might be difficult to get admission in a school. But, in the state of domicile all public schools are available and a student can pursue education without any hassle. 

  • Students often have discounts on their education:

In the state of domicile, students can often avail discounts when it comes to their education. If they have a domicile certificate and can prove that they are a resident of a particular state, then many schools will offer funding and discounts. This makes it easier for everyone to access good education. 

  • Opportunity to have a job in the state of domicile:

If you have a domicile certificate and can prove that a particular state is your state of domicile, then it will be easier to find a job. Companies often prefer to hire those who reside in the state and this provides immense job security. 

  • You will have voting rights:

With a domicile certificate to prove your state of domicile, you will also have voting rights. The rule gives you an opportunity to exercise these rights. Once you turn 18, you will be able to cast a vote during the elections in your state of domicile. 

  • Eligibility to run for political office:

The domicile rule states that anyone who can prove their state of domicile can also run for political office in that state. Therefore, if you wish to run for any political office in your state, then you can easily do so with a domicile certificate. 

  • Access to all government services available in the state of domicile:

Every state gets several government services and the residents have access to all services. According to the domicile rule, you will be able to have access to all government services available in your state of domicile and you can avail them whenever required. 

  • Marriages can be validated easily in the state of domicile:

It is much easier to get married in your state of domicile than anywhere else. All marriage laws must be applicable and valid in your state of domicile for the ceremony to be valid and it is therefore much easier when done in the state itself. 

Disadvantages of Domicile Rule

  • You can be sued easily in the state of domicile:

It is much easier to get sued in your state of domicile. There are fewer legal procedures to get through before moving the courts. You can get sued for all kinds of offences by anyone else sharing the same state of domicile. 

  • You can only have vehicles that are licensed in your place of domicile:

If you own a vehicle or several vehicles, they have to be licensed in your state of domicile. The domicile rule states that no vehicle you own can be licensed in any other state than your state of domicile. 

  • There is a waiting period before welfare can be accessed:

While government welfare services can be accessed in the state of domicile, there is a waiting period. If you do not have a domicile certificate issued, then you will have to wait for a specific time period (usually 30 days) after you receive the certificate. You will only be able to access welfare once the waiting period is over. 

  • Dual domicile is not allowed:

The domicile rule does not have any provision for dual domicile. You cannot have domicile in two places at once. Only one state can be your state of domicile and this remains unchanged, even if you purchase property or reside in a different state for any reason. 

  • Domicile rule dictates the reading of a will:

When a person dies, his or her will has to be read according to the laws of the state of domicile. The laws differ from state to state. Even if the will is being read in a different state, the reading has to be done according to the law in the state of domicile, otherwise it will become invalid.

Like every rule, the domicile rule has both advantages and disadvantages. The rule has certain conditions in place to avoid abuse. The waiting period is a very common example of this. The waiting period forces you to stay in the state but not use any services before you are handed your certificate of domicile.

The same goes for the marriage laws, divorce laws or even laws related to the reading of wills. The domicile rule, even with these conditions, end up giving quite a few  opportunities to people and if you follow the laws, you can easily benefit from them.

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