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i am a ca resident and would like to get oregon residence i

own a home in oregon...
i am a ca resident and would like to get oregon residence i own a home in oregon and plan to move soon
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Answered in 5 minutes by:
5/1/2013
Thomas McJD
Thomas McJD, Attorney
Category: Legal
Satisfied Customers: 6,516
Experience: Legal Expert
Verified

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

For what purpose are you wanting to legally establish your residency as being in Oregon?

Customer:

i plan to retire there & i already own a home in oregon

TMcJD :

Yes, but why are you asking about changing your residence if it's not for a specific legal purpose -- like taxes? I'm just not sure why it would matter if you didn't have something specific in mind and the purpose of qualifying for residence sometimes matters as requirements can differ for various purposes.

Customer:

sure im just tired of all the new laws and fees, oregon seems to be a much friendler state my hard earned dollars will go alot further

TMcJD :

Okay, give me some time to review the laws and then I will be happy to provide an answer. Thanks for your patience.

Customer:

ok

TMcJD :

This information will be in pieces, so please bear with me. Essentially, as in every state, residency is no more than having an intention that the state by your place of permanent residence. This is often evidenced by having a state driver's license, state voter registration, mailing address there, etc.

TMcJD :

For vehicle registration, the law states the following establishes residency:

TMcJD :

803.200 Residency; criteria; exception; camper on vehicle.This section establishes when the exemptions under ORS 803.030 and 803.305 from titling and registration of vehicles owned by nonresidents are applicable. The applicability of the described exemptions for nonresident owners of vehicles is subject to all of the following:


(1) A person is a resident of this state for purposes of titling and registering vehicles if the person engages in any gainful employment in this state or takes any action to indicate the acquiring of residence in this state during the period of sojourn in this state by doing any of the following:


(a) Remaining in this state for a consecutive period of six months or more regardless of the domicile of the person.


(b) Placing children in a public school without payment of nonresident tuition fees.


(c) Making a declaration to be a resident of this state for the purpose of obtaining, at resident rates, a state license or tuition fees at an educational institution maintained by public funds.


(d) Maintaining a main office, branch office or warehouse facilities in this state and operating motor vehicles in this state.


(e) Operating motor vehicles in intrastate transportation for compensation or profit for other than seasonal agricultural work.

TMcJD :

803.355 “Domicile” described. For purposes of ORS 803.350 to 803.370 and 807.045, a person is domiciled in this state if the person’s place of abode is in the state and the person intends to remain in the state or, if absent, to return to it.

TMcJD :

35-016-0030


Domicile -- Establishing Intent to Remain or Return


(1) In order to be domiciled in Oregon, a person whose place of abode is in Oregon must intend to remain in this state or if absent from the state must intend to return to it.


(2) DMV may require proof that the person intends to remain in Oregon. Acceptable proof, under this section, includes, but is not limited to:


(a) Ownership of the person's residence in Oregon, or a lease or rental agreement of 12 months or more in duration;


(b) Permanent employment in Oregon;


(c) A true copy of the Oregon income tax return filed with the Oregon Department of Revenue for the previous tax year, showing the person is a permanent or part-year Oregon resident. For purposes of this subsection, the proof must:


(A) Include a certification by the person that the original return was filed; and


(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident; or


(d) Payment of residence tuition fees at institutions of higher education in Oregon.


(3) A person who is absent from Oregon but claims to be domiciled in this state may be required to provide proof to DMV that shows the person intends to return to Oregon. Acceptable proof, under this section, must show:


(a) The person has continuously maintained an Oregon residence while absent from Oregon;


(b) The person owns a residence in Oregon;


(c) The person is temporarily residing outside of Oregon (e.g., payment of non-resident tuition while attending a school outside of Oregon, temporary transfer of employment to another state or country, temporary care of a family member out of state). The person may be required to show they have maintained ties with Oregon, including but not limited to voter registration or maintenance of an Oregon bank account;


(d) The person is a member of the United States Armed Forces, or the member's spouse, partner in a domestic partnership, or a dependent who resides with the member, who lists Oregon residence in his or her military records; or


(e) The person filed an Oregon income tax return with the Oregon Department of Revenue for the previous tax year that shows the person is a permanent or part-year Oregon resident. Acceptable proof under this subsection must:


(A) Be a true copy of the Oregon income tax return filed with the Oregon Department of Revenue and must include a certification by the person that the original return was filed; and


(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident.


(4) A person who claims to reside at the address of a service provider in Oregon, as defined in OAR(NNN) NNN-NNNN for purposes of vehicle registration, driver licensing or obtaining an identification card must provide proof as described in section (2) or (3) of this rule.

TMcJD :

THE FOLLOWING IS FROM THE DEPARTMENT OF REVENUE:

TMcJD :















When do I become a resident of Oregon?
You are considered an Oregon resident if allof the following are true:

  1. You think of Oregon as your permanent home; and

  2. Oregon is the center of your financial, social, and family life; and

  3. Oregon is the place you intend to come back to when you are away.

For more information on residency, read our question and answer page.
TMcJD :

So, basically, you will move there and start to establish indicia of residency: going to the tax assessor's office and requesting to file to make your home your homestead, registering to vote, getting a new driver's license, getting new vehicle registrations, changing your mailing address to your Oregon home, etc.

TMcJD :

Please let me know if I can provide any additional assitance.

Thomas McJD
Thomas McJD, Attorney
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