Also known as: abodes · residence · place of abode
Written by attorneys · grounded in primary & secondary sources — see below
A fixed place where a person lives or resides. It supplies the location for valid service of process and informs determinations of residence or domicile for jurisdictional and choice-of-law purposes.
Andre Antoine, a Canadian citizen holding a green card, maintains his only fixed dwelling in Texas where he works and votes. He sues a Texas hospital in federal court for malpractice exceeding $75,000. Because his abode is in Texas, the court treats him as a Texas citizen and dismisses the action for lack of alienage jurisdiction.
Atlas Ventures contracts to sell equipment to a buyer. The company has no place of business, so the buyer must pick up the goods at the owner's personal dwelling in the state. Delivery occurs at that abode under the default rule.
Select any source to read its text and confirm it supports the definition.
Alice Atkins, the obligor under a child-support order, files a modification request in State A where she lives with the child. Because her current abode is in State A, the tribunal exercises continuing exclusive jurisdiction to modify the order.
Albert Allen forcibly removes a victim from the victim's apartment and drives the victim across state lines for ransom. The removal begins at the victim's place of abode, satisfying the unlawful-removal element of kidnapping.
Abigail Alvarez executes a will while living in State B even though she is domiciled in State A. Because the execution occurs at her place of abode in State B, the will is valid under the law of that location.
Alan Ackerman and the obligee both file written consents in State C stating that its tribunal may modify the support order. Even though neither party maintains an abode in State C, the consents permit the tribunal to retain continuing exclusive jurisdiction.
Rules permit leaving process at a person's dwelling or usual place of abode with someone of suitable age and discretion who resides there. This method satisfies due-process notice requirements when personal delivery is impractical.
Supporting sources
Residence supplies a basis for judicial jurisdiction unless the relationship to the state is too attenuated to be reasonable. Courts weigh time spent in the state, the nature of the dwelling, and the individual's attitude toward the state.
Supporting sources
A foreign citizen lawfully admitted for permanent residence who is domiciled in the same state as the opposing party is treated as a citizen of that state. The federal court therefore lacks diversity or alienage jurisdiction over the action.
Supporting sources
…their own State and become citizens of another might avail themselves of the federal rule.[^maj-19] And, without even change of residence, a corporate citizen of the State could avail itself of the federal rule by re-incorporating under the laws of another State, as was done in the Taxicab case. The injustice and confusion…