home address

[jlscjs]

we currently have been Escapees for over 2 yrs and are using Livingston as our legal domicile. If we were to buy a condo in another state to use for summer time, can we still maintain our Texas residency or would we have to change our legal domicile to the state we purchase a condo? I do know that one can own property in various states and yet choose one to claim as their residence. would a Escapees address be the same as owning property in more than one state?

[sandsys]

I get tired of saying, "It depends," but it really does. On where you buy, how long you "visit" there, and the laws of that state. If you provide more details someone, not me, might be able to help you get more definitive answers.

 

Linda Sand

[Kirk W]

I get tired of saying, "It depends," but it really does.

The act of owning a property in some other state will have no impact at all upon where your domicile is and the state of TX will not care. What does matter is what the laws of the state where you buy that condo require of you and the length of time that you would be spending in that condo. Generally, most states do not care as long as you are not employed and you stay less than 6 months in their state, but each state has it's own rules so the laws of that state are the key. Those laws could require you to move your driver's license and registration to the state and for sure you will have to pay property taxes to that state. The term domicile is almost never mentioned in the laws of a state but there are laws about when you must move vehicle registrations and driving licenses to the state, laws about voting there, and a host of other things and the total of everything is what will ultimately determine the ruling of a court if you should ever have to defend your claimed domicile. If you choose a state with an income tax, that could trigger the enforcement people to look more closely at you, but even that is not a sure thing. Enforcement efforts very widely from state to state and even at times within a given state. I suggest that if you have not done so, you may also find it helpful to read this article that I wrote for Escapees magazine about choosing a state of domicile. It is very possible and legal to own property in more than one state but you can have only one domicile.