Property ownership and full time RVing

[Jerry Opp]

We currently live in a NW state.  We winter in AZ where we own property in an RV park.  We also own a 5th wheel.  The plan is to sell the big house up north, continue to winter in AZ and then travel in the 5th wheel the remaining 6-7 months.  Our intent is to be domiciled in TX.  Our conceptual plan brings up several questions.  Can a "full time RVer" own any property other than their RV?  Does owning property in AZ make us domiciled in AZ?  Appreciate any insights on the legal ramifications of the domicile issues.

Edited April 18, 2020 by Jerry Opp
Spelling

[Kirk W]

Welcome to the Escapee forums! We are here to help and will do our best o answer your questions. 

The owning of real estate of any kind as no direct bearing on where your domicile is or on your status as a fulltime RVer. There is no definitive definition of what or who is a fulltimer and that really only matters to your insurance underwriter. It is important that you carry insurance on the RV which is designed for those who live in it all of the time and so be sure to discuss that with your insurance agent and if your current policy doesn't have a clause for fulltimers, shop for another company. 

Since you are thinking of TX, I strongly suggest that you start by joining the Escapees RV Club to get the benefits that will provide and then sign up for their mail service to get an address that is legal for all purposes in the state of TX.  In the process of doing those things you will find that Escapees have a step by step procedure to follow to establish yourself a TX domicile and they also have numerous articles that explain what determines you domicile and what that means. 

[filthy-beast]

Some states have time limit that you can be in the state before they consider you a resident. Check on AZ.

[SWharton]

We are domiciled in TX and own property in AZ. No questions have been asked and I wouldn't expect any. Many people own 2 homes in different states and RVers are no different.

My understanding is the time limit for AZ is 9 months. I have no idea how they would know if you stayed longer.

[Bill Joyce]

15 hours ago, filthy-beast said:

Some states have time limit that you can be in the state before they consider you a resident. Check on AZ.

7 months in Arizona is what I have been told.  

Edited April 19, 2020 by Bill Joyce

[Twotoes]

Legally you can have more than one residence.However, you can only have one domicile. Most people, including government workers,  do not understand the difference. If you own a home in more than one State you can stay in your home as long as you want to without changing your domicile. You domicile State is the State where you have your drivers license, vehicle registration, voting registration, etc. If you are working in a second State for a lengthy period of time that may change things. 

[whj469]

I own property in Texas and MI and have a fifth wheel. Domicile in Texas.

[justRich]

On 4/19/2020 at 7:17 AM, Bill Joyce said:

7 months in Arizona is what I have been told.  

That is correct.
 

Quote

Resident Definition State law requires that you obtain an Arizona driver license and registration immediately if any one of the following applies. If you: ▪ Work in Arizona (other than for seasonal agricultural work). ▪ Place children in school without paying the tuition rate of a nonresident. ▪ Have a business with an office in Arizona, that bases and operates vehicles in this state. ▪ Obtain a state license or pay school tuition fees at the same rate as an Arizona resident. ▪ Have a business that operates vehicles Arizona Driver License Manual and Customer Service Guide 10 to transport good or passengers within Arizona. ▪ Remain in Arizona for a total of seven months or more during any calendar year, regardless of your permanent residence. ▪ Are registered to vote in this state.

 

Source: https://apps.azdot.gov/files/mvd/mvd-forms-lib/99-0117.pdf
Page 9

 

[SWharton]

And to muddy the waters:

Under: Do I Qualify as an AZ Resident

If the residency of the applicant is in question, the following factors will be considered. The applicant: 1. Does not claim residency for any purpose in any other state or jurisdiction.2. Has been issued an Arizona driver’s license or an Arizona commercial driver’s license. The possession of an Arizona ID card is not considered evidence of residency. 3. Is employed full-time in Arizona.4. Files federal and/or state income taxes as an Arizona resident.5. Is registered to vote in Arizona.6. Is enrolled in, or has minor children enrolled in an Arizona public school without payment of non-resident tuition.

https://dema.az.gov/sites/default/files/Attachments/CNGO_AZGFD_Residence_Fact_Sheet.pdf

I have also found references to 9 months but couldn't find the corresponding documentation. 

Seems to me the AZ each dept creates their own definition of a resident.

[Daveh]

Your ownership of property would just be one indicia of residency they look at multiple factors. 

If you are under 65 and expect to use the ACA to get health insurance then you need to be careful as to your residency/domicile  as the price and avaialability varies greatly by state.

 

[justRich]

On 4/18/2020 at 9:25 AM, Jerry Opp said:

Can a "full time RVer" own any property other than their RV?  
Does owning property in AZ make us domiciled in AZ?  Appreciate any insights on the legal ramifications of the domicile issues.

Yes.
No.
Kirk offers the best advice.

This topic was discussed on another forum with respect to AZ enforcement of residency law.  An Arizona LEO participating in the discussion stated that he might investigate a vehicle with out-of-state-plates dropping kids off at school.

Otherwise, it's pretty hard to prove. (And pretty low on the scale of offenses.)
Following Kirk's line of thinking, whatever you plan to do, check with your insurance agent - and get another agent if yours isn't providing clear answers.  

[SWharton]

Our Granddaughter used our TX registered van for 8 months in AZ and never a question, this was during the summer when the snowbirds had left. I think this is so far down on the list that no one really cares. Unless they go back to your campground and ask how long you have been there how do they know. Sure they could look at CC records, but really!

[Twotoes]

Law enforcement has much more things to do than monitor how long you have been in there State. If you are pulled over for a traffic offense or have an accident then they may investigate. 

[Kirk W]

14 minutes ago, Twotoes said:

Law enforcement has much more things to do than monitor how long you have been in there State. If you are pulled over for a traffic offense or have an accident then they may investigate. 

In areas where enforcement of residency and vehicle registration laws tend to be enforced, it is more common for the enforcement to come from code enforcement than it is from an LEO. When the issue is by an LEO it will likely be a sheriff's officer or some other local agency and that too is more likely to be initiated by code enforcement. Extended stay parks would be much more likely to be noticed. There are 3 such cases that I have direct knowledge of. The first was in WY when county tax officers became aware of a large number of RVs with out of state license plates being left for extended periods in the campground of a membership ranch. The county tax appraisers came to the ranch. 

The second was in CA where some county officer (not sure what agency) came through regularly taking photographs of the RVs in the campground. It was an extended stay park and management told us who it was and why. The third incident was in north TX where a COE ranger was commuting from OK where her husband lived on a ranch, to work for the COE in TX and only went home on weekends. A local sheriff's deputy who lived near the park noticed her OK license plates and twice gave her warnings, pointing out that TX law requires a full-time employed worker who stays in the state 4+ days a week for longer than 6 months, to register their car in TX. The third time he did write her a ticket. (In anger she told everyone who would listen how evil TX is!)

[Randyretired]

We stored a houseboat at Lake Powell in the Park Service storage.  There was a lot of back and forth as Utah felt the boats needed to be licensed there.  The Park Service said the boats could be licensed in the owners home state and that was what we did. 

My daughter drove a car registered in another state under a business and it was used in both states.  She was pulled over at least twice by LEO's who had noticed the car before with out of state plates.   She carried documentation on company  letterhead that was accepted and she wasn't cited