Can I claim Texas as my residence? (Spring, Hereford: renting, mobile home) - (TX) - City-Data Forum

tomiboyusa · 01-09-2009, 10:04 AM

Can I live in another state and claim Texas as my residence? How and for How long?

cobolt · 01-09-2009, 11:13 AM

Quote:

Originally Posted by tomiboyusa

Can I live in another state and claim Texas as my residence? How and for How long?

I think it would depend on your situation. Since my separation from TX is military related, then I can claim TX has my residence. DOn't know what your situation is.

Trainwreck20 · 01-09-2009, 12:24 PM

I think you have to live here for at least half of the year plus a bit, or something like that. There was an older (farily wealthy) couple I knew many years ago that owned a piece of property in Colorado and lived in a really fancy RV/mobile home (Bluebird, I think) for the summer and fall, and then pulled it down to Texas for the Winter/Spring and parked it on a rented RV spot down in South Padre. Anyway, they owned no property in Texas (no property taxes to pay) but were residents here because they spent a little more than half the year here. Since they did not live in Colorado, they did not owe income taxes, and the property taxes were low.

I am not sure if it was CO or TX laws, though, that were driving their lifestyle.

loves2read · 01-09-2009, 02:40 PM

probably no one challenged them either--renting an RV spot is no different than renting an apt and not owning home----
where did they have voter registration though--that is the kicker...can't legally be registered in two states or counties at the same time...

nlgoddess · 01-09-2009, 09:13 PM

I think another key item, where is your drivers licence from? Vehicle tags, etc. I moved down to the lower 48 from Alaska and didn't change my residency for over a year. I only changed it then because my drivers license was due.

ocean2026 · 01-11-2009, 10:16 AM

The Controlling case on this is Mills v Bartlett where a law student claimed his home town not where he went to school as his residence, when running for County Atty. He won both the election and the case as I remember.

Residence is a COMBINATION of domicile and intent, as there has to be some action and presence besides what you consider to be your home.

In 1988 I was elected District Atty in south texas and before I took office and the Nov election - I had a fight with our commissioners ( some later went to jail) and left for 17 days taking an asst job in the nasty town of Hereford Tex. I then came back and they said because I had left - I lost the 2yrs consecutive. We had a great civil trial and the jury found I was a resident. They appealed and I had court in another county and didn't bother to attend but had someone fill in for me. The appeal court threw out the jury verdict saying that I had convinced them without a bit of evidence and reversed it. Fischer v State.

All very amusing lol Bottom line you'd better had some actual physical stay in the area you want to claim as your residence. Utility bills - voter and driver's license will all help.