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; and amending section

1-1-215, MCA.

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.

(2)  There 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.

(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."