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Thread: State of Residency Help!!

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    #1

    State of Residency Help!!

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    Okay, sorry if this gets confusing. My husband's home of record and state of residency is Texas, mine is Oklahoma. He PCSed to North Carolina in February and wants to keep Texas as his state of residence. I don't mind keeping Oklahoma, if I can, but I would like for us to have the same state of residence.

    I know I can switch to TX but I'd have to put his parents house as my home and for some reason I really hate that idea.

    Should we just keep our current states, even though they are different? Should we both change to NC? or should I just put my on and become a resident of TX?

    Any opinions are appreciated Thanks in advance!!!
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    #2
    My husband and I are residents of different states. It really doesn't matter either way...
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    #3
    I don't think it matters at all. I don't see why you can't keep Oklahoma your state of residency??
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    #4
    I guess I can...I guess it doesn't matter if we are residents of different states...
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    #5
    I am not sure about this, so someone can correct me if I'm wrong please: You pay taxes to your state of residence, right? Well you can't just choose a state, just to choose it. You have to actually prove residency. So if you've never lived in Texas, I don't think that should be your state of residency.

    I read some articles about this on the internet. I can still claim Ohio as my state of residency because I have had a domicile there, have a previous address there, have had a license there etc.
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    #6
    All you need, since you are married and he is in the military ( assuming he is active duty), is "intent" to move there once he is out, so you wouldn't need to use his parent's address...should you do this, you do have to have the same state of residency. You have to do that through the legal office on base.
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    #7
    From what I believe, He can keep TX as it is his HOR, you have a choice:
    1. keep OK
    2. Change to TX or
    3. Change to NC

    If you you plan to work or drive in NC, you have to choose either 2 or 3. You will find most military members will keep their HOR as thier state of residence as it is a lot easier for them. DH uses his HOR and I use the state we live in, works fine for us and is quite common in military couples to have different states of residence.


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    #8
    Quote Originally Posted by meg_alane View Post
    I am not sure about this, so someone can correct me if I'm wrong please: You pay taxes to your state of residence, right? Well you can't just choose a state, just to choose it. You have to actually prove residency. So if you've never lived in Texas, I don't think that should be your state of residency.

    I read some articles about this on the internet. I can still claim Ohio as my state of residency because I have had a domicile there, have a previous address there, have had a license there etc.
    Under the Military Spouse Relief Act that was approved last year, not mil spouses do not have to prove residency to be able to claim the same state in which their husbands/wives do.


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    #9
    Honestly OP, I would go with Texas. If you ever work, they take alot of taxes out, but if you do Texas and work, they don't collect state income taxes....We both are OK born, and we both claimed state of OK residency for at least 7 years after we moved out of the state, they would rake both of us over the coals because DH was military I worked for a time. He would pay in at least 3K and get 400 bucks back at tax time, I would pay in 1K and get 40 bucks back. I would honestly think about it.
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    #10
    Quote Originally Posted by Chandalier View Post
    All you need, since you are married and he is in the military ( assuming he is active duty), is "intent" to move there once he is out, so you wouldn't need to use his parent's address...should you do this, you do have to have the same state of residency. You have to do that through the legal office on base.
    He is active duty so I will talk to him about this when I can or I'll just go to the legal office asap.

    Quote Originally Posted by SandyKay View Post
    Under the Military Spouse Relief Act that was approved last year, not mil spouses do not have to prove residency to be able to claim the same state in which their husbands/wives do.
    That is what I thought I had read too.

    It seems like it is best for me to do TX since I will be working so the tax benefit is better.

    I really appreciate the advice from everyone Thanks!
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