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Wo_ody's avatar
Wo_ody
Explorer
Apr 27, 2015

Texas full timer & owning a residence in another state

I'm planning on joining Escapees RV Club and doing all the right things to officially move my residency to Texas. My concern revolves around continuing to own a residence in another state. It is my belief I will remain a Texas resident as long as I do not spend more than 180 nights in another single state.

I guess the only absolute way to confirm this is to talk to the state and county tax officials where the other residence is located and have them put their ruling in writing.

I sure do not want to error in time stayed and receive unwanted personal property bills.

All comments welcomed.
  • May want to check with your home owners insurance company to see if you will need a different policy, for a second home. You are assumed to be living there (by them) since this is your current primary residence. You may have a problem submitting a claim if you don't tell them you moved.
  • mleekamp wrote:
    Key Point ... Know the rules, then play by the rules!

    Look up each state's rules for what you want to do...and play by them.


    Why.... seems much more fun to break the rules! lol :)
  • While I particularly agree with Executive and Pawpaw (above), there are pieces of several good answers here. Discuss it with an attorney and tax accountant, preferably in that order. And, If Texas is now your domicile state (drivers license, etc), stop calling that other real estate a "residence".
  • The other state is not going to give you any ruling in writing, since the answer depends on your future actions, which they can't control or predict.
    While you're correct that a primary consideration is length of time you stay at that owned residence vs your domicile vs other locations. There are many other factors also considered in determining if that owned house is no longer your domicile. Particularly if that house was your previous primary residence, you must go overboard demonstrating that you have severed all ties to that state, other than simple ownership of the property. In the laws eyes, your ongoing activities in that state are just as critical as your actions in Tx to set up a new domicile. things like employment, operating a business, banking, schools, voting, social clubs, government benefits, homestead status, correspondence, connections, credit card records, and others can be used in addition to days spent.
    Many fulltimers own property, some like me have multiple properties in several states. The property ownership by itself is not an issue, it just means you need to be extra careful about all the other issues to avoid domicile conflicts. However, none of my properties are a previous primary residence, that's the situation that draws the most attention to your actions or lack of actions.
  • Key Point ... Know the rules, then play by the rules!

    Look up each state's rules for what you want to do...and play by them.
  • Yours is a very familiar concern for people moving their domicile/ residence to Rainbow Drive in Livingston, TX (Escapees). They can answer some of your questions, but you are correct - you do need to check with a lawyer in the state of the property you own. (It's not a residence - just a second home - as long as you don't make it your domicile.)

    Have you owned this property long? Was it your primary residence/ domicile?

    It should be no issue if you owned it as a vacation home, or are buying it as such. If it was your primary residence for several years, and you are going to continue to live there for several months a year - likely that state will still consider you a resident.

    If you are turning it into a rental property - likely no problem.

    Talk to a lawyer, not an internet forum. Will cost you a little money, but much better advice for your very specific situation.
  • There are a lot of laws regarding domicile other than owning property. You need to read the Texas requirements regarding domicile. The state where you own property doesn't matter.
  • I own property in several states, but I own none in South Dakota, my domicile state....Dennis
  • Each state has different residency limits - not all are 180 days.

    What will be your address for your driver's license, registrations, voting, jury duty? Whatever it is, that's where your domicile will be.
  • You can own houses in all 50 states that doesn't make you a resident. Working in a state i.e. other items could make you a resident.