Montana § 1-1-215 Residence -- Rules For Determining

Montana Statutes

§ 1-1-215 — Residence -- Rules For Determining

Montana § 1-1-215

Title 1GENERAL LAWS AND DEFINITIONS

Ch. 1GENERAL PROVISIONS

Part 2General Definitions of Terms Used in Code

This text of Montana § 1-1-215 (Residence -- Rules For Determining) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 1-1-215 (2026).

Text

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

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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 legal guardian or custodian appointed by a court of competent jurisdiction; or
(d) if the conditions in 20-5-502 are met, the residence of the caretaker relative.
(5) In the case of a controversy, the district court has jurisdiction over which residence is the residence of an unmarried minor.
(6) Except as provided in Title 20, chapter 5, part 5, and this section, the residence of an unmarried minor who has a parent living cannot be changed by either the minor's own act or an act of the minor's guardian.
(7) The residence can be changed only by the union of act and intent.

Legislative 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; amd. Sec. 1, Ch. 211, L. 2011.