by Shyster on Wed Sep 19, 2012 12:02 pm
Generally speaking, to be considered a legal resident of a state, you have to be domiciled in that state. Domicile and residence are not synonymous. Lotz v. Atamaniuk, 304 S.E.2d 20, 23 (W.Va. 1983). One can have several residences, but only one domicile. In order to establish domicile, you must not merely live in a place, but it must be the place you intend to permanently remain. “A person is not considered to have lost his residence when he leaves his home and goes into another state, territory or county, for temporary purposes merely, with the intention of returning.” Lotz, 304 S.E.2d at 23. It would be the place where you vote, pay taxes, and intend to permanently live. I can certainly imagine a university placing a temporal requirement as well, for example, being domiciled in West Virginia for a year before being considered “in-state” for tuition purposes.
In other words, merely getting a West Virginia driver’s license would not be enough. She would need to move to West Virginia and establish a household there, pay taxes there, vote there, etc., with no intention to return to Pennsylvania for anything other than temporary visits.