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SWharton

Domicile Questions I haven't seen answered

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We are getting ready to change our domicile to TX and I have a few questions that I haven't seen answered.

1. Is there a form available if you don't have the title to a vehicle. We currently have a loan on the MH and don't  have a title but everything I have read says we need a title to register.

2. We are leaving one car in storage(actually my daughter will use it) in AZ but want it registered in TX. Do I still just need the title and registration for that vehicle to register it? As I understand the verbage I do not need to worry about inspection for this vehicle until we drive it to TX(if ever).

3. Wills etc. are infrequently mentioned. I am fairly sure they need to be reviewed for TX. Can anyone recommend a lawyer? How do you do this long distance? Once our vehicles are registered we are planning on leaving on our great adventure.

I am sure I will have more questions...................I like to have all my I's dotted and T's crossed.................

Thanks

 

 

1

Edited by SWharton

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2 hours ago, SWharton said:

1. Is there a form available if you don't have the title to a vehicle. We currently have a loan on the MH and don't  have a title but everything I have read says we need a title to register.

Since they register vehicles that have titles held by the lien holders frequently, I'm sure that they can tell you exactly how to address this. Give them a call.

Quote

For Tax Billing Information and Auto Registration:
Tax Assessor's Office 
416 N. Washington 
Livingston, TX. 77351 
936-327-6801

 

 

2 hours ago, SWharton said:

2. We are leaving one car in storage(actually my daughter will use it) in AZ but want it registered in TX. Do I still just need the title and registration for that vehicle to register it? As I understand the verbage I do not need to worry about inspection for this vehicle until we drive it to TX(if ever).

You are correct in so far as TX is concerned. However if AZ code enforcement should ever discover that the car is kept in AZ, they may then ticket it as legally each vehicle is supposed to be registered in the state where garaged. You can keep it registered in AZ as their law would require but change the mailing address to your TX address. The best place to find out how to do this would be to contact AZ-DOT.

2 hours ago, SWharton said:

3. Wills etc. are infrequently mentioned. I am fairly sure they need to be reviewed for TX. Can anyone recommend a lawyer? How do you do this long distance? Once our vehicles are registered we are planning on leaving on our great adventure.

It would be best to at least have things reviewed by a TX attorney. I would suggest that a good place to begin is by contacting Loring & Associates in Livingston. The owner/senior partner is Shawn Loring, the Escapee's CEO. 

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Thanks Kirk for the phone number of the Tax Office. I was searching with the wrong terms I guess.

Never thought about the possible repercussions in AZ. I'll need to research that a bit. From what I read if my DL doesn't show AZ I should be OK. But I will double check.

Regarding the will I know our VA will was valid in FL but each state has its own philosophy. I'll check with Loring.

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It is not titled in AZ now, titled in VA, soon to be TX. If I title it in AZ I become a resident and I don't want that. This to me would be similar to leaving you MH in storage for the summer. My daughter having an AZ license I don't think pertains as long as she has my permission to drive the car. There is no requirement that the licensee state and registration state be the same.

 

 

 

 

 

 

 

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15 minutes ago, SWharton said:

If I title it in AZ I become a resident...

Not necessarily. Just as you are able to own property in a state outside of your domicile state, you can do so with an auto, too. It's not entirely easy, and certainly not cost effective, but it's doable. I do it myself.

Kind of a moot point though. The only real concern is your auto insurance policy. Generally, that would fall under "permissive use". She has permission to drive your vehicle so any damages would be covered by your insurance. What you need to check and confirm though is that your policy DOES allow permissive use, and at what level of coverage and/or duration. Immediate family are always covered if they live with you, but in her case, there may be some "fine print" that may impose limitations on the level of coverage since she is a resident of AZ and may not qualify under their definitions.

If this were going to be a fairly long term arrangement (ie., the better part of a year) I would probably title, register, and insure it in my childs name for the interim to avoid any potential "backlash" from the insurance company. Ya know they will find a way not to pay out if they can. You can probably get away under permissive use for a couple weeks or months, but I can certainly see an insurance company arguing any lengthy period of time as not falling under "permissive use"... aka... "borrowing your car" for what they might deem as a "reasonable/acceptable" period of time.

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I read someplace on an "official" website that registering a car triggered residency. So did a lot of other things.

We had thought of selling her the car for a $1 and then paying the insurance and registration fees. Insurance isn't much, it is an 18 year old car, I think it is $40/month in VA. Same thing with registration fees. That may be our best bet and just "borrow" it back from her when we are in AZ.

I'll check on the insurance issue.

Thanks

 

 

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Loads of people title cars in AZ and leave them at their 'winter' home during the summer.  They do not change their residency, just register the extra car at the place that it is garaged.

Now states that levy a state income tax and are very aggressive in collecting it might use the registration of a vehicle as evidence of residency and you would have to prove that you do not live there.  But the same can be said of buying a house is another state (which lots of people do).    Driver's licenses (and registering to vote) on the other hand can be seen as evidence of residency.

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There are many people who own property and vehicles in multiple states.  Just because you do doesn't  automatically mean you are a resident of that state.  Think of vacation homes owned by individuals from another state.  Owning vehicles or property titled/registered in a state is just one pice of the residency puzzle.

Vehicles, however, are unique.  Pretty much every state requires a vehicle garaged within its borders to be registered there.  States pay for road maintenance and construction through registration fees.  If they have a bunch of vehicles permanently using their roads and not paying for that use (through registration fees) they tend to get upset.  Each state has a different threshold to trigger this registration requirement (some number of days in the state).  If you leave a vehicle at your daughter's place in AZ on a long term basis, it needs to be registered in AZ.  

The insurance issues discussed above are also valid.  Your insurance company will ask you where the vehicle is garaged to determine the proper rate to charge.  They also need to be aware your daughter will be the primary driver.

 

on edit: Barbaraok wrote very similar information as I was typing mine.

Edited by Chad Heiser

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6 hours ago, Barbaraok said:

Loads of people title cars in AZ and leave them at their 'winter' home during the summer.  They do not change their residency, just register the extra car at the place that it is garaged.

Exactly what I was about to post. I don't know where you heard that titling a car in AZ makes you a resident, but that isn't true. If you do not have an AZ address, you can't be a resident of the state. 

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