Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Residency to determine exemptions

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  • Residency to determine exemptions

    Ok...what exactly is a resident?

    I have kept my Florida drivers license...even though I have long ago sold my condo there. I have not actually lived in Florida for more than 2 months in the winter..some times. In 2013 I lived 2 months in Florida, 5 months in Pennsylvania, and 2 months in Delaware before moving here. In 2012 I lived 3 months in Florida, 3 months in NY, 4 months in Delaware, 2 in Pennsylvania. This is because I raced horses...lived on the race track...followed the racing season up and down the east coast.

    Where ever I am, I get mail there. I pay taxes in all these states (income taxes...except Florida...where the money I earn there is not taxed)

    I never changed my license because my car cannot pass an it is registered in FL.

    I have been here for 19 months. I will remain here for a long time to come. But still have that FL license. I have a car registered in FL..but it never leaves the race track in Delaware. I have a car registered here...and insurance company hits me for extra because of my out of state license.

    What is a resident?

  • #2
    I hope this link helps:

    Since it sounds like you intend your permanent residence to be in Delaware, I think your domicile is currently in Delaware. The question is how long has it been your domicile.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      I wrote a confusing post.

      I am in Colorado. I plan to remain here as long as I have either parent still living.
      I have a car that is registered in FL, but it never leaves the race track in Delaware. It is basically useless for anything other than short haul of hay and straw.
      I have a car that is registered here in Colorado which is the sole transportation for myself and my disabled parents
      My license is FL. I receive Medicaid benefits in Colorado..I vote here.

      The question comes from this. I have not lived here for 2 years...then the state exemptions I use is determined by where my residency was in the six months measured from 2 year before I file. So....what is a resident? If I file today...the six months from. Jan 2013 through June 2013....I was 2 months in Florida (Tampa bay race track) 4 months in Pennsylvania (Parx race track). I lived on those tracks. I got mail there. I paid taxes there Was I a resident? One car was at Delaware race track (it never leaves) the other was driven by the time registered in FL. Not registered to vote in either place.

      I have not lived in any state longer than 5-6 months since 2001 until coming here 19 months ago
      Last edited by Newposter; 06-09-2015, 11:09 PM.


      • #4
        I don't think where your cars are registered are what you need to focus on.

        Residence = Domicile. According to Nolo, a source I trust:
        Where Is My Domicile?

        Your domicile is where you make your permanent home (where you pay taxes, vote, and intend to remain and live). So if you normally reside in Oregon but you are currently living in Florida because of a temporary work assignment, your domicile is in Oregon.
        Based on what you have said, I don't think it is clear what your domicile is. You need to discuss it with your attorney.

        I believe the default is that if you are not domiciled anywhere, you use Federal exemptions.

        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


        • #5
          Something is not right here. . .

          Newposter, when I started responding to you at the other website, you stated you were in Arizona.

          What is the name of your state (only U.S. law)? AZ
          Now, you state you live in Colorado and have been there the past 18 months. Before that you jumped from place to place following the racing circuit.

          You do realize that the list of attnys I asked JB to forward to you and any of my posts relates to filing in AZ?

          Because your information keeps changing I strongly recommend that you do not file pro se. You really need to sit down with and hire an attny as you have now added issues relating to your residency and what exemptions you are entitled to. Add that to the other issues such as transferring the horses and you just may be in for a rough ride (no pun intended).



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