Military spouses gain the right to choose legal residency

  • Published
  • By Lt. Col. Steven Jones
  • 509th Bomb Wing Assistant Staff Judge Advocate
On Nov. 11, 2009, President Barack Obama signed legislation giving military spouses the same right enjoyed by service members of picking their state of legal residence.

The Military Spouses Residency Relief Act would affect issues ranging from driver's licenses and vehicle registration, to voting rights, property ownership and taxation.

Here is a summary of the law:

Voting rights: When moving to another state because of military orders, military spouses can register in their new state or retain their voting rights in a past location.

Automobiles: A spouse will not have to change a driver's license or auto registration when moving to another state. Some military couples try to get around the auto registration issue today by keeping only the service member's name on the registration; that will no longer be necessary.
Taxes: A spouse will neither lose nor acquire a residence for tax purposes by entering or leaving a tax jurisdiction while accompanying a service member who is moving as a result of military orders, as long as the residence is the same for husband and wife. This applies to income taxes and personal property taxes.

Property rights: Residency requirements related to land rights, such as mining claims or homesteading, will be suspended for spouses just as they are suspended under the Servicemembers' Civil Relief Act for military members. As such, a spouse will not have to assert land rights over public land until 180 days after the member is released from military service.

For more information contact the local legal assistance office with any questions, at 660-687-6809.