Residency refers to both a person’s physical presence in a place and the intent to be a permanent resident (See: Cruickshank v. Cruickshank). Similarly, in In re Marriage of Obrecht, the California Court of Appeals, Sixth District noted that residency could be equivalent to domicile, which requires both physical presence and an intent to remain indefinitely. The residency requirement is a question of fact, and the party who would like to establish residence needs to present evidence.
In Maldonado v. Allstate Insurance Company, the District Court of Appeals of Florida, Second District noted that residency allows for temporary residence in an abode, in contrast with a home.
Residency also relates to diversity jurisdiction questions in federal court cases when parties allege diversity jurisdiction under 28 U.S.C. § 1332. For example, in Hargett v. RevClaims, LLC, the Eighth Circuit Court of Appeals observed that § 1332 citizenship requires permanence, but residency is more fluid in comparison. The Court noted that a person can be a resident of multiple states, but one may be a citizen of only one state. In addition, a complaint or notice of removal that is dependent on residency could not establish citizenship for diversity jurisdiction.
[Last updated in March of 2024 by the Wex Definitions Team]