Form Questions re. Texas Domicile

[Bobalou]

Hi there. We are selling the house and going full-time! Yikes! We have decided to domicile in Texas and have downloaded all the domicile guides, etc., from Escapees. Questions:

1) They refer to the “Affidavit of Domicile (Loring & Associates). I have searched for a Texas Affidavit of Domicile and only find an Affidavit of Residency. Is the Affidavit of Domicile only something that can be obtained from Loring & Assoc.? 

2) Looking for clarification on the vehicle registration doc we need. Is it Form 130-U, Application for Texas Title and/or Registration? 

Thank you! 

[Barbaraok]

Yes and Yes.

In registering your vehicle you will be doing one of the things to establish residency.  It it helpful to get your address early, three months or more before you "move" so that you can get some things to reflect the new 'residence' as you will need them to establish residency to get your DL.   You can register vehicle(s) before your actual move.  Then change the insurance on the vehicle.  Those will help with the residency requirement for DL and voting, which you will need to do in person in Texas.  

 

[Bobalou]

22 minutes ago, Barbaraok said:

Yes and Yes.

In registering your vehicle you will be doing one of the things to establish residency.  It it helpful to get your address early, three months or more before you "move" so that you can get some things to reflect the new 'residence' as you will need them to establish residency to get your DL.   You can register vehicle(s) before your actual move.  Then change the insurance on the vehicle.  Those will help with the residency requirement for DL and voting, which you will need to do in person in Texas.  

 

Shoot. Then we are probably too late. House is closing 9/19. We don’t expect to be in Texas until November. I didn’t think we could register a vehicle until we were there in person with the vehicle for inspection. And I thought we could check into the RV Park in Livingston for a few days and take care of all this while we are there. We have had mail service through Escapees for a year now, so I assume that’s the address we use as we will continue using their service. I have no idea what mail we should move to the new residence as we really don’t get much actual mail anymore! My understanding is banks and credit cards won’t like the Livingston address, and that’s a whole different can of worms. If they don’t like that address, and we are forced to have that mail attached to a relative’s address, it’s going to have to continue to be a Connecticut address as that’s where all our family is. Now I’m REALLY nervous that this is all going to implode.  

As for the Affidavit of Domicile ... so we have to hire the law firm to do that??? 

Maybe we should wait and go to S. Dakota next summer. Seems easier to do all of this there! 

[fpmtngal]

It’s not that hard. You already have your address (the Escapees address you said you already have). I changed my insurance to Texas as I was heading to Texas, I was already with Progressive so called them and had them set up the insurance based on Escapees address. But I didn’t register the truck and trailer until I got there.

I had a reservation at Rainbow’s End for two weeks (plus I spent extra days at Lake Livingston) and got the truck and trailer inspected and registered first. They plus the insurance ended up being the proof of address I needed for the DL (as I recall).  I had a few things addressed to me but don’t remember using them. Like you, few things come through the mail.

I took my time getting things done (also visited a Wells Fargo branch to get new checks with the Escapees address on it). I did a consult with Loring & Associates and it was time well spent. Like you, I had read the various articles but I learned more during the consult, plus I did the affidavit (a charge for that) because I was a little lacking in a couple of places.  I was prepared to have them redo all my estate planning documents, but they were only 2 years old and I was told they were fine, In the event of my death, it could all be filed in Livingston even though the paperwork had been prepared in California.

So far I haven’t had an issue with my banks. I’ve had accounts with them for a long time and just did a routine change of address. I went full-time in September last year.

You probably get everything done in 2 days, but I appreciated having the extra time to get my feet on the ground and not be rushed. I ended up buying a printer because my trailer is small/light enough to not require an inspection and I had to show a photo of the GVWR sticker to prove it.

[Will B.]

Let me add that I'm not sure that the Polk County Tax Assessor's Office is open yet.  CHECK FIRST!  We drove down to Livingston from Dallas and they were closed!  We had to do everything by mail, and that also meant no credit cards.  For us, we had to pay the taxes since (probably like you) we bought out of state.  Now, if you bought from a dealer, you probably paid state sales tax (if applicable).  We bought private, so I had a lot of money to give to Polk County.  I really wanted the points!  But they will not, no how, no way, forget it... take credit cards over the phone or by mail.  Only in person.  So if they are not open, you'll have to do checks.  We did certified checks from our credit union, but had to get additional ones because the math is hard.  (I overrated the GVWR on the truck, so they wanted to add diesel emissions, etc. )  They tried to work with us via email, but I can only spam them so much.  If you're in person, and they're open, you'll have much better luck. 

If you've paid that sales tax -- have proof of it!  It can be an arduous process, at least I found it to be that way.  Took me over two months by mail to get it done.  All the while, the credit union is asking for the titles!  I had to wait until I could get them registered in Texas!  (And we were already Texas residents!)  #CovidSucksForSoManyReasons

Edited August 16, 2020 by Will B.

[Kirk W]

3 hours ago, Bobalou said:

We have had mail service through Escapees for a year now, so I assume that’s the address we use as we will continue using their service.

The Escapee mail address is your address for all domicile purposes, once you move to TX. I would start getting your mail sent there now in order to be sure that all is ready. 

3 hours ago, Bobalou said:

My understanding is banks and credit cards won’t like the Livingston address, and that’s a whole different can of worms. If they don’t like that address, and we are forced to have that mail attached to a relative’s address, it’s going to have to continue to be a Connecticut address as that’s where all our family is.

I don't know where you get your information, but we used the Escapee mail service for everything for 12 years and had no problems. Some financial institutions do ask for an alternate address, but that doesn't have anything to do with your domicile. What it is that they need is an address of someone who will always know where you are, in the event that your mail doesn't reach you. It is a back-up to the mail service address so that someone could physically go there to trace you if you change your mail elsewhere. 

You are making things far more difficult than need be. The laws tend to use the term residency as a synonym for domicile. The document Texas Residency Affidavit is what you need to use. If you still have questions, send an email to Kim Wakuta and ask them. She is a law partner of Shawn Loring, the CEO and corporate attorney of Escapees RV Club. 

[Bobalou]

14 hours ago, fpmtngal said:

So far I haven’t had an issue with my banks. I’ve had accounts with them for a long time and just did a routine change of address. I went full-time in September last year.

Did you change you bank address to the Livingston address? And there was no problem with it? If that’s the case, that’s good to know. We moved all of our money to a credit union that’s part of a co-op so that no matter where we go we can access our money at free ATM’s and also do business in the co-op member branches as we would in our own branch. We didn’t want to have to move our money again as we’ve had a relationship with that credit union for years. I supposed it might be a good idea to open an account at a local bank just to show good faith. We ARE looking for a place to settle, that just won’t happen for a few years and we don’t know where. 

Thanks for easing my mind!

[Bobalou]

14 hours ago, Will B. said:

.  For us, we had to pay the taxes since (probably like you) we bought out of state.  Now, if you bought from a dealer, you probably paid state sales tax (if applicable).  We bought private, so I had a lot of money to give to Polk County.

Thanks, Will.  Just to clarify ... you had to pay sales tax on what? Your motorhome? Had you just bought it, or did you have to pay sales tax on something you bought a couple of years ago? We’ve owned our current motorhome for just about a year now but just bought a new (used) tow vehicle. 

[Bobalou]

Thanks, Kirk. I looked everywhere for that form! 

[TXiceman]

We have been full time for over 7 years now and have never had an issue wit the Escapees address with any bank, brokerage or credit card company.

Ken

[mfredm]

I Just did this in June.  I stayed 1 week at Escapees in Livingston, and that wasn't enough time.  All the vehicle stuff got done in 2 days, but the Texas DPS, only takes appointments now, and the closest one was a week later and 50 miles away.  Also it took 5 weeks to get new Texas titles.

[fpmtngal]

5 hours ago, Bobalou said:

Did you change you bank address to the Livingston address? And there was no problem with it? If that’s the case, that’s good to know. We moved all of our money to a credit union that’s part of a co-op so that no matter where we go we can access our money at free ATM’s and also do business in the co-op member branches as we would in our own branch. We didn’t want to have to move our money again as we’ve had a relationship with that credit union for years. I supposed it might be a good idea to open an account at a local bank just to show good faith. We ARE looking for a place to settle, that just won’t happen for a few years and we don’t know where. 

Thanks for easing my mind!

I bank with Wells Fargo and went online before I left California to change the address to Texas.  I had some problem with it, though it said the address was changed, so I went into the Wells Fargo in Texas (I think it’s in Cleveland or something like that - don’t remember now) to make sure the change of address went through correctly (yes for one account, no for the other) and ordered new checks.  The account itself didn’t change, it’s still in California.  The bank hasn’t questioned it.

[TXiceman]

On 8/17/2020 at 9:25 AM, mfredm said:

I Just did this in June.  I stayed 1 week at Escapees in Livingston, and that wasn't enough time.  All the vehicle stuff got done in 2 days, but the Texas DPS, only takes appointments now, and the closest one was a week later and 50 miles away.  Also it took 5 weeks to get new Texas titles.

You have to remember that many places are operating on reduced staff and hours of operation.  Things are now taking longer than in the past.  Just be patient and it will get done.

Ken