House Bill No. 521
Introduced By ryan
A Bill for an Act entitled: "An Act revising the general rules for determining residence; providing that a claim of residence
WITHIN MONTANA for any purpose establishes a person's residence for all purposes;
clarifying that a change of
residence may be made only by the act of removal joined with intent to remain in another place; and amending section
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 1-1-215, MCA, is amended to read:
"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
one a person remains when not called elsewhere for labor or other special or temporary purpose
and to which he the person returns in seasons of repose.
can may only be 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.
A change of residence may be made only by the act of removal
joined with intent to remain in another place.
(4) The residence of
his a minor's parents or, if one of them is deceased or they do not share the same residence, the
residence of the parent having legal custody or, if neither parent has legal custody, the residence of the parent with whom
he the minor customarily resides is the residence of the unmarried minor child. In case of a controversy, the district court
may declare which parental residence is the residence of an unmarried minor child.
(5) The residence of an unmarried minor who has a parent living cannot be changed by either
his the minor's own act or
that of his the minor's guardian.
(6) The residence can be changed only by the union of act and intent."