1-1-215. Residence -- rules for determining.
1-1-215. Residence -- rules for determining. Every person has, in law, a residence. In determining the place of residence, the following rules are to be observed:
(1) It is the place where a person 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 may be only one residence. If a person claims a residence within Montana for any purpose, then that location is the person's residence for all purposes unless there is a specific statutory exception.
(3) A residence cannot be lost until another is gained.
(4) The residence of an unmarried minor is:
(a) the residence of the minor's parents;
(b) if one of the parents is deceased or the parents do not share the same residence, the residence of the parent having legal custody;
(c) if neither parent has legal custody, the residence of the parent with whom the minor customarily resides; or
(d) if the conditions in 20-5-502 are met, the last-known residence of the parent with whom the minor normally resided immediately prior to residing with the caretaker relative.
(5) In the case of a controversy, the district court may declare which parental residence is the residence of an unmarried minor.
(6) Except as provided in Title 20, chapter 5, part 5, the residence of an unmarried minor who has a parent living cannot be changed by either the minor's own act or that of the minor's guardian.
(7) The residence can be changed only by the union of act and intent.
History: En. Sec. 72, Pol. C. 1895; re-en. Sec. 32, Rev. C. 1907; re-en. Sec. 33, R.C.M. 1921; Cal. Pol. C. Sec. 52; re-en. Sec. 33, R.C.M. 1935; amd. Sec. 4, Ch. 164, L. 1975; R.C.M. 1947, 83-303; amd. Sec. 1, Ch. 367, L. 1997; amd. Sec. 4, Ch. 442, L. 2007.