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    whizkidcat's Avatar
    whizkidcat Posts: 2, Reputation: 1
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    #1

    Oct 7, 2011, 09:46 PM
    Dual residency?
    I was born and raised in South Dakota. I am now a resident of TX. We live part time in SD and part time in Texas and RV the rest of the year. I want to be a resident of SD. I do not work. My husband wants to remain a resident of Texas. He is medically retired and a Disabled Veteran. Is this possible?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 8, 2011, 06:00 AM
    Quote Originally Posted by whizkidcat View Post
    I was born and raised in South Dakota. I am now a resident of TX. We live part time in SD and part time in Texas and RV the rest of the year. I want to be a resident of SD. I do not work. My husband wants to remain a resident of Texas. He is medically retired and a Disabled Veteran. Is this possible?
    Yes, probably.

    What is the reason you want to again become a South Dakota resident?

    South Dakota may have a specific statutory definition for a particular advantage of residence, but in general residence is the same as domicile.

    Domicile is being physically located in a place together with the intent to make it your home permanently. So, for example, if you were a S.D. resident but at some particular time you were in Texas and thought to yourself "this is my home now and I intend to live here forever", your domicile would then have changed to Texas.

    You say you are a resident of Texas. What makes you think that you are? It's not simply being there, even for an extended period.

    Indicita of residence including such things as registering to vote, applying for a residential hunting, fishing, or driving license, etc. Have you done any of those things in Texas? If not, you are probably still a resident of South Dakota.

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