North Dakota Code 54-01-26 – Residence – Rules for determining
Every person has in law a residence. In determining the place of residence, the following rules must be observed:
Terms Used In North Dakota Code 54-01-26
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose.
2. There can be only one residence.
3. A residence cannot be lost until another is gained.
4. The residence of the supporting parent during the supporting parent’s life, and after the supporting parent’s death, the residence of the other parent is the residence of the unmarried minor children.
5. An individual‘s residence does not automatically change upon marriage, but changes in accordance with subsection 7. The residence of either party to a marriage is not presumptive evidence of the other party’s residence.
6. The residence of an unmarried minor who has a parent living cannot be changed by either that minor’s own act or that of that minor’s guardian.
7. The residence can be changed only by the union of act and intent.