<p>We live primarily in CA yet we own a house in Austin that we rent out and have owned for a few years (and paid huge property taxes on) . My son is fixated on UT and we would like to establish TX residency (husband had a Texas driver's license from Dallas where he lived for five years). It is not an option to move our primary residence to TX since my son is thriving at his private school (been there since the age of three and will graduate a "Lifer" and in our area public school is not an option) and a star on the cross country team. I would appreciate any advise anyone has to offer.</p>
<p>Check the UT website. Most public university websites contain information on their residency requirements. Factors such as the location of employment, voter registration, location of bank accounts, state to which income taxes are paid, property ownership, etc. typically determine whether a person is considered a resident. Most public universities require parents/students to maintain residency for a specified period of time before being granted in-state status for tuition and admissions purposes.</p>
<p>Ellen is right on, but do check the UT specific residency form. The fact that you go back and forth between two places should not be an issue, but income taxes paid and voting are big ones.</p>
<p>Interestingly, the state where your son goes to school does not confer residency, otherwise, they would have to confer residency on all 2nd years, so you could be TX residents and still have him attend school in CA. CA has a list they use to prove you ARE a CA resident and force you to pay income taxes there, it is called auspices of residency and includes things like bank accounts, church, medical insurance, etc. For instance, do you have a Blue Cross policy based on TX residency or CA residency?</p>
<p>I think you generally want to establish the residency a full year before he would be admitted, or at least before he attends.
If you use an accountant for taxes, you might ask him. When some one goes back and forth between two places, as I understand it, one can be a resident of the place they choose, as long as one is consistent.</p>
<p>Good luck!</p>
<p>Thank you both for your responses. My son goes to private school in CA so we are not in the CA school system. I will ask our attorney in TX. I do not want to "cheat" the system but we do pay heavy property taxes and are in TX about a week out of every month. Also, D is in school in TX. And I have a longhorn on my car hehe.</p>
<p>Property taxes aren't determinant of residency status. Income taxes are the ones that count. Lucky you if TX is your residence for income tax purposes rather than CA.</p>
<p>I'd say where you earn your living is key. If it's CA you are a resident there. Rental income does not count. Paying property tax is an expense foe having a rental. I have a couple in another state but that does not make me a resident there.</p>
<p>The residency issue is actually pretty similar across the board - for establishing in-state vs out-of-state for tuition purposes - <<<being the key words!!</p>
<p>It is established by - where you are registered to vote - where you make the majority of your income and are taxed - where you file your tax return from (the physical address) - where one graduates from high school is also considered - doesn't matter if public/private - but the state itself - where your vehicle is registered and insured can also be a factor. Also considered is the length of time one has lived in the state where they are considering applying for residency in.</p>
<p>Trying to establish residency in another state - for tuition purposes - is very tricky and in most cases is a loosing battle. </p>
<p>Every school will have a form with all the questions that apply to establishing in-state vs out-of-state residency requirements - and trying to buck the system is just about impossible - especially if a student graduated from high school in a different state. About the only way to successfully get this done is for a parent to actually and physically move to the state in question and establish residency and go from there - and would have to do this more than a year prior to the school application. The schools can actually investigate back 2 years if they so choose.</p>
<p>The second home situation in another state is a source of income and provides no residency safety. If it was that easy to do - believe me - many many many parents/students would be doing the in-state tuition thing for sure. The feds - and states - have made it very difficult to try to establish residency in another state - for tuition purposes.</p>