Also known as:dwelling · usual place of abode · residence · domicile
Written by attorneys · grounded in primary & secondary sources — see below
A structure or location that a person uses regularly for sleeping or as a primary residence. Temporary absence does not change its character. The term focuses on regular use rather than ownership or exclusive purpose.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Burglary Entry Through Dwelling
Demetrius Douglas hid inside Destiny Davis's cabin after she left for a weekend trip. When he forced open an interior closet to reach valuables, the closet break did not count as the required entry into the dwelling itself. The cabin remained a dwelling because Davis used it regularly for sleeping.
Diversity Citizenship at Filing
Darrell Duncan filed suit while living in his State A apartment. Two months later he moved permanently to State B. The court measured his citizenship for diversity at the moment of filing. His later change of residence did not affect jurisdiction.
Daniel Diaz, a permanent resident lawfully admitted, lived in the same state as the defendant. The statute barred jurisdiction because his domicile matched the defendant's. The court treated his usual place of abode as the controlling location.
Delivery at Seller Residence
Delilah Duran had no business location. The buyer therefore had to pick up the goods at her residence. The contract treated her usual place of abode as the default delivery point.
Support Order Modification
Deanna Davenport filed to modify a support order. At filing her child lived in the state. That residence gave the tribunal authority to hear the request.
Kidnapping from Residence
Dynamic Solutions employees abducted the victim from his apartment building. The removal began at his place of residence. The location supplied the element required for the kidnapping charge.
Common questions
Frequently Asked
3
Does a vacation home count as a dwelling?+
A vacation home counts only if the occupant uses it regularly for sleeping. Occasional visits do not satisfy the regular-use requirement.
Supporting sources
When is diversity jurisdiction measured for domicile changes?+
Diversity is measured only at the time the suit is filed. Later moves to a new usual place of abode do not destroy jurisdiction once it has attached.
Supporting sources
How does the term affect service of process?+
Process may be left at the defendant's dwelling or usual place of abode with a person of suitable age and discretion who resides there.
Supporting sources
304 U.S. 64, 78–80 (1938)Conflict of Laws
…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…