Real Estate Law
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Here are some facts:
ResidencyResidency is generally defined by two rules:
Permanent residencyYour permanent residence (domicile) is the place you intend to make your home for a permanent or indefinite period of time. It is your legal residence. Your permanent residence, once established, continues until you take steps to establish a new residence.If you live with your spouse, both you and your spouse are presumed to have the same state of residency for income tax purposes. And even though you might split your time between more than one location or state, you both still have the same permanent residence.Example 1. XXXXX XXXXXves in Minnesota for five months and in Arizona for seven months. Because she was a Minnesota resident before she began spending time in Arizona, Laura continues to be a full-year Minnesota resident until she takes steps to change her residency.Example 2. William's job requires that he temporarily moves to another state for the next two years. Because he intends to stay only for a limited time (no matter how long), William's residency does not change. In this situation, he is considered a full-year Minnesota resident. If, on the other hand, William moves to another state with the intention of making it his home permanently or for an indefinite time, he no longer is a Minnesota resident.Example 3. Patrick retired, sold his permanent home in Minnesota and lives the life of a nomad, traveling around the country in a recreational vehicle. Even though he abandoned his Minnesota home, Patrick is still considered to be a full-year Minnesota resident until he establishes residency in another state. Criteria used to determine permanent residencyThe criteria below will help you determine your state of permanent residency.Property ownership and residence:
Licenses and registrations:
Family and dependents:
In summary, no single factor will determine your state of permanent residency. Even though some factors may be more important than others, all relevant factors are evaluated together when determining residency.Furthermore, certain considerations, such as where you make charitable contributions, play no part in determining your residency.
Under the laws of other states, I suspect that you would qualify under a different set of rules in that state.
This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.
Is the other town in Minnesota or another state? which state?
Based on the above, a commercial building will not qualify as a residence under any circumstances.
I need to know what the purpose is for you to establish two residences in the same state.
I see no MN statutes that cover this very local issue. I suggest you contact Nicollet for the requirements.
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