Do I need to change state residency? Forum

[stewie27]

Somewhat random question. I'm starting law school this fall and I'm slightly worried about needing to change my residency. I don't want to, mostly because I don't want to have to re-register my car, get a new license, etc., since I'm not planning on staying in that state after law school. I was assuming that it's like undergrad- I'm in another state for most of the year, but I keep my permanent address in my home state, but I read something that made me think I do need to change it. Anyone have any idea/experience. Is there any problem with not changing it?

I searched the forums, but it seems that most discussions about residency are about tuition.

[stewie27]

anyone?

[03121202698008]

anyone?

It depends on the state. For Michigan, I couldn't find anything written but a quick phone call to the Dept of State clarified that full-time students don't have to. Residency is presence in the state with the intent to remain.

[gens1tb]

Why would you be required to change it?

[03121202698008]

Why would you be required to change it?

For people moving to a new state, most states mandate they change residency within 30 days and get a new drivers license, re-register car, etc. Many, but not all, states exempt full-time students from this requirement.

[straxen]

This really all depends on the state AND what your factual situation will be when you move. You can't "change" residency, you're resident where you're resident and domiciled where you're domiciled (and these are two very different things, btw) although you can fudge it by taking one position or another. Each state has a different definition of resident and that definition may be very different for DMV purposes, tax purposes, voting purposes, etc. Most states won't treat you as a resident if you're just there as a student but this is rarely if ever absolute. If you were to rent or buy a home, move your family, abandon your old state of residence, or establish other indefinite or permanent ties then you would more likely be resident in the state even if you're a student there. Some states have very specific rules, others have vague "more than transitory and temporary purpose" or other theoretically sound but impossible to apply tests. New York, for example, has a days-of-presence test for tax purposes but exempts you if your place of abode is not "suitable for permanent habitation" i.e. if you're living in the dorms, and they say that "generally" full-time students don't need to switch their licenses over but don't give much guidance--which I interpret as a sign not to worry about it. California, on the other hand, is a bit more aggressive at treating people as residents--and gives you little time, 10 days from what I recall, to change everything over.

[gens1tb]

Why would you be required to change it?

For people moving to a new state, most states mandate they change residency within 30 days and get a new drivers license, re-register car, etc. Many, but not all, states exempt full-time students from this requirement.

Yeah I knew that, but I didn't realize any states had specific enough requirements that you couldn't "fudge" it and still be alright.