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Military Spouses Residency Relief Act

sundevil_av8r

Member
pilot
My wife and I are both born and raised in Arizona. When I joined the Navy she moved to Illinois for a year and worked for her cousins company. Then she moved in with me while I was in primary in Corpus (as my fiance). Then we moved to Kingsville, and have married since. She has her car registered here, and I registered to vote here. As far as work goes, she works for a company in Chicago but works from home. She travels up there a few times a year for stuff she can't do at home.
 

OnTopTime

ROBO TACCO
None
My wife and I are both born and raised in Arizona. When I joined the Navy she moved to Illinois for a year and worked for her cousins company. Then she moved in with me while I was in primary in Corpus (as my fiance). Then we moved to Kingsville, and have married since. She has her car registered here, and I registered to vote here. As far as work goes, she works for a company in Chicago but works from home. She travels up there a few times a year for stuff she can't do at home.

It sounds like she's paying Illinois state income taxes. If so, why?
 

villanelle

Nihongo dame desu
Contributor
I plan on living with my parents in Vegas for about a month before we head to Japan. Also, we could legitimately claim that Vegas is the most likely place we will end up retiring at this point. And I could use that address to register to vote before we leave. I suppose I could get a NV drivers license if necessary during that time.

If I do that, is that sufficient and legal for me to then claim and keep NV residency when we return?
 

OnTopTime

ROBO TACCO
None
I plan on living with my parents in Vegas for about a month before we head to Japan. Also, we could legitimately claim that Vegas is the most likely place we will end up retiring at this point. And I could use that address to register to vote before we leave. I suppose I could get a NV drivers license if necessary during that time.

If I do that, is that sufficient and legal for me to then claim and keep NV residency when we return?

Unfortunately, different states can and do have different standards for establishing domicile, so it all depends. Your best bet is to visit your base's legal services office and pose your question to an expert there.

The new law is clear that once you properly establish domicile in a particular state, you do not lose it as a military spouse simply because you move to a different state due to a spouse's PCS orders.
 

Belle

two babies make a mama insane
Resurrecting this old thread, because I'm running into problems with the MSRRA.

So, my husband claims Texas as his state of "domicile" (which, come to find out, is a very specific term). We both lived there prior to him going to OCS (2006). We are both titled on both of our vehicles. Hubby's first duty station was Whidbey Island, WA. Like a good wifey I went and got my WA driver's license and registered to vote there, thus giving up Texas as my domicile/residence. We kept the vehicles registered in TX. Now we are in Virgina. Fairfax County sends us a nice tax bill last year for our vehicles that are registered in TX because I'm listed on the title. The taxes occured before MSRRA was passed, so we paid them with grumbling thinking we'd be okay this year (nevermind we are getting taxed twice on the same property from separate states). This year, we go to file an exemption via the MSRRA and come to find out I only qualify for said exemption if my state of residency is the same as my husband's. Which it would be, except for those pesky two years up at Whidbey. I can't claim Texas as my state of residence (domicile) unless we actually go back and live there again. I can't claim WA as my domicile and still be eligible for the exemption since the law states it has to be the same as the husband's domicile.

How many spouses can this act actually apply to if you have to meet your spouse and marry them prior to joining the military so that you both have the same home state of residence? And what about those of us who were mil spouses before this act was passed and dutifully got our new driver's licenses and voter registration in each new state we moved to, thus negating our previous residency claims? Is it possible to have my name taken off the titles of our vehicles and just get POA's so that I can deal with the issues if they get towed, wrecked, etc but not have the tax bills?
 

HooverPilot

CODPilot
pilot
Super Moderator
Contributor
My wife's name isn't on our car titles or mortgages for this very reason! I don't know if VA will buy you making the change now, but it's worth a shot!
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
Why would anyone put their wife's name on a title or mortgage? You're just asking for trouble. It buys you nothing as long as you're married (except a tax bill from Virginia apparently), and the judge in your divorce proceedings is going to give her at least half of everything you've earned (including your house and vehicles), so why would anyone unnecessarily complicate matters? Tell you what, your wife shoud put her name on the titles to vehicles which she buys with her own money, and you can forget about all the silly implications

Brett
 

nugget81

Well-Known Member
pilot
To keep it simple, it really boils down to what state can you prove that you lived in? You don't necessarily have to move to TX to reclaim your residency there, but do what is necessary to look like you are a resident there. Try to get a DL and voter registration from TX, remove your name from the titles and any other property that is taxable that you don't want to pay taxes on. If you don't already have POA's, get to base legal and get those done (they only take a few minutes). The hardest part of all this is getting that TX license again...
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
Why oh why do you keep insisting on making useless posts in threads that have no call for it? Why can't you stick to something you have some expertise in?

Is my advice really all that unhelpful? If the OP's husband had left her off the title, then there wouldn't be any problem to deal with. My point here, primarily for others who may be about to make the same mistake, is that putting your spouse on a title serves no practical purpose and can unnecessarily complicate your life.

An unnecessarily complicated life is something I have expertise in. :D Lighten up, Francis.

Bret
 

MasterBates

Well-Known Member
Yes. I am STILL fighting issues with taxes, and both names on titles FOUR YEARS post divorce.

Brett has a point here.
 
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