This is legal, does anyone know under the law what is considered primary residence.?

Question

In purchasing property as a primary residence but you work in another state but all your mail goes to that address, your utilities are in your name, opened bank account at the local bank and pay no rent or utilites anywhere else, is this under the law my primary residence? even though I can only be there every few months.

Answer 1

You will have to look at the state laws as to how to determine residence for the state. However, you have a domicile and that, in the eyes of the law is your intended main residence. This is determined if someone is seeking jurisdiction over you in a civil case.

Answer 2

Why do you ask?

If you have more than one residence, facts such as where you spend the most time, where you work, where you vote, where your driver license is issued, etc. determine your primary residence.

For most purposes, if you have more than one, you can pick which ever residence you decide to declare as primary, then get a driver license and register to vote there to legalize it.

For tax purposes, if you work in New York that is your tax home. You may have a residence in New Jersey and another in New Mexico and you can declare either as primary, but you must file New York taxes (and probably file non-resident apportionment in the other two).

Rikkino points out that a city council decided the more expensive house was a persons residence. Others say it depends on where you spend your time. So we really need to know what the purpose and place is.

Answer 3

It sounds like this is a tax issue? Lower taxes on a primary residence?

Tax laws are VERY complex. It would take a detailed examination of ALL your situation by a tax lawyer to answer, sorry.

We recently had a case here where a City Supervisor owned a home in San Francisco, but also rented a room from a friend in Sacramento, where his job was. He spent the week in Sac and the weekends in SF, coming back in the evenings if he had to for Board of Stupidvisors meetings.

He was stripped of his seat when the council ruled that SF was NOT his "primary residence".

Richard

Answer 4

I am in Australia but here it would not be. Your primary residence if effectively where you reside most of the time.

If you are overseas it may be different but our law is like that to prevent people taking advantage of several grants etc available here.

Answer 5

all of the details you give are irrelevant, as a primary residence is considered a dwelling upon which the legal owner resides in the majority of the time. (51% or more). if you need further assistance please feel free to contact me directly at [e-mail].

Answer 6

You've got to establish that you actually live there. I understand that mortgage companies are cracking down on mortgage fraud and conducting their own investigations regarding primary residence...you need to be truthful.