Domicile within the State means adoption of the State as a fixed permanent home and involves personal presence within the State with no intent on the part of the person to return to another state or country. West Virginia domicile may be established upon the completion of at least 12 months of continued residence within the State prior to the date of registration, provided that such residence is not primarily for the purpose of attendance at any institution of learning in West Virginia.

Establishment of West Virginia domicile with less than 12 months’ residence prior to the date of registration must be supported by proof of positive and unequivocal action, including but not limited to the purchase of a West Virginia home, full-time employment within the state, paying West Virginia property tax, filing West Virginia income tax returns, registering to vote in West Virginia and the actual exercise of such right, registering of motor vehicles in West Virginia, and/ or possessing a valid West Virginia driver’s license. Additional items of lesser importance include transferring or establishing local church membership, involvement in local community activities, affiliation with local social, civic, fraternal or service organizations, and various other acts which may give evidence of intent to remain indefinitely within the State. Proof of a number of these actions shall be considered only as evidence which may be used in determining whether or not a domicile has been established.